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Patna High CourtCR. MISC./24831/2024bail granted

Ranjeet Kumar v. The State Of Bihar

2024-06-26Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24831 of 2024 Arising Out of PS. Case No.-21 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== 1.

RANJEET KUMAR S/O JOGI RAM R/O VILLAGE- NARWARA, P.STARIYANI, DISTT.- SHEOHAR. 2.

SONI DEVI W/O MANOJ RAM R/O VILLAGE- NARWARA, P.STARIYANI, DISTT.- SHEOHAR. 3.

MURTI DEVI W/O AJAY RAM R/O VILLAGE- NARWARA, P.STARIYANI, DISTT.- SHEOHAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Uday Kumar, Advocate For the State :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 363, 365, 366, 366A and 34 of the Indian Penal Code.

3. As per prosecution case, on 08.02.2023 the informant had slept with her daughter after taking meal and when she woke up on 09.02.2023 at 5 o'clock in the morning, she did not find her daughter in the bed. On search, she came to know that all the F.I.R. named accused persons, including these petitioners, had kidnapped the daughter of the informant for the purpose of marriage.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.24831 of 2024(3) dt.26-06-2024 2/3 behalf of the petitioners that the petitioners have been falsely implicated in this case. As a matter of fact, the victim had herself fled away with co-accused Amarjeet Kumar and solemnized marriage with him. It is next submitted that Petitioner No. 1 is own brother and Petitioner Nos. 2 and 3 are sisters-in-law of co-accused Amarjeet Kumar. It is also submitted that in the entire F.I.R., no role has been attributed to these petitioners in the alleged kidnapping. It is further submitted that victim is a major and she is living with coaccused Amarjeet Kumar. From report of the Superintendent of Police, Sheohar, it appears that the victim has already been recovered and she appeared with one Guddi Kumari, who happens to be sister of Petitioner No. 1, for recording her statement under Section 164 of Cr.P.C. before the learned court below. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. and they are family members of co-accused Amarjeet Kumar and have played active role in kidnapping the minor daughter of the informant.

6. Considering the rival submissions, the fact that

Patna High Court CR. MISC. No.24831 of 2024(3) dt.26-06-2024 3/3 specific accusation of kidnapping is against co-accused Amarjeet Kumar and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Tariyani P.S. Case No.21 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T