Bijay Chaudhary @ Bengay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20543 of 2019 Arising Out of PS. Case No.-203 Year-2018 Thana- BELDOUR District- Khagaria ====================================================== 1.

BIJAY CHAUDHARY @ BENGAY CHAUDHARY R/o villageRohiyama, P.S.- Beldaur, District- Khagaria 2.

Amar Chaudhary @ Amarjeet Chaudhary S/o Bijay Chaudhary @ Benjay Chaudhary R/o village- Rohiyama, P.S.- Beldaur, District- Khagaria 3.

Manjula Devi W/o Bijay Chaudhary @ Benjay Chaudhary R/o villageRohiyama, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2019 This application, for grant of anticipatory bail, arises out of Beldaur P.S. Case No. 203 of 2018, disclosing offences under Sections 363A and 366A /34 of the Indian Penal Code.

Allegation is of kidnapping of minor daughter of the informant by the co-accused Dilkhush Kumar and petitioner happens to be father, brother and mother of the said Dilkhush Kumar and there is allegation against them that they assisted in kidnapping for getting her married.

Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.20543 of 2019(4) dt.28-06-2019 2/3 that petitioners are father, brother and mother of co-accused Dilkhush Kumar against, whom there is allegation of kidnapping the daughter of the informant and the real fact is that there was love affair between the daughter of the informant and said Dilkhush Kumar and they have also performed marriage with each other and living somewhere.

Learned counsel for the State opposed the prayer for bail on the ground that the girl is still traceless and F.I.R. shows that she is minor.

Having heard both sides, considering the facts and circumstances of the case, so far petitioner no. 1 and 2 are concerned, I am not inclined to grant the privilege of anticipatory bail to them rather they may surrender and pray for regular bail, which will be disposed of by the court below on the merit of the case.

So far petitioner no. 3 is concerned, considering the fact that she is a lady, as such, let petitioner no. 3, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Khagaria, in connection with Beldaur P.S.

Patna High Court CR. MISC. No.20543 of 2019(4) dt.28-06-2019 3/3 Case No. 203 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T