Jitendra Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39713 of 2015 Arising Out of PS.Case No. -324 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Jitendra Prasad son of Nebu Lal Bind.
2. Nebu Lal Bind son of Shio Lochan Bind.
3. Santara Devi wife of Nebu Lal Bind. All Residents of Village- Khanao, Police Station- Bhabua, District- Kaimur at Bhabua. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Chaudhary, Adv. For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2015 Heard both sides.
The petitioners apprehend their arrest in Bhabhua P.S. Case No. 324 of 2015, registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code. The informant made allegation that above noted three petitioners kidnapped her minor daughter and when the informant went to the house of Nebu Lal Bind, he assured that her daughter will return.
It is submitted that the victim filed a petition before the learned District & Sessions Judge, Kaimur stating that she is a major girl and she left her house voluntarily and went along with Jitendra Prasad. She also solemnized marriage with Jitendra
Patna High Court Cr.Misc. No.39713 of 2015 (3) dt.06-11-2015 2/2 Prasad, but it appears that the victim is still traceless. Petitioner nos. 2 and 3 are father and mother of Jitendra Prasad. There appears that nobody has seen petitioner nos. 2 and 3 taking the victim.
Considering the facts aforesaid, petitioner nos. 2 and 3 above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on anticipatory 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, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 324/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
So far as the case of petitioner no. 1 is concerned, there is specific allegation that he kidnapped the minor daughter of the informant. The girl is still traceless.
Considering the facts aforesaid, I am not inclined to enlarge petitioner no. 1 above named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) Rakhi U T