Nitu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22086 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- CHHATAPUR District- Supaul ====================================================== 1.

NITU KUMARI Daughter of Rameshwar Yadav 2.

Pappu Yadav @ Pappu Kumar Son of Rameshwar Yadav Both resident of Village- Dahariya, P.S.- Chhatapur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Chhatapur P.S.Case no.99 of 2018 , registered for offences punishable under Sections 363, 364 and 34 of the Indian Penal Code.

Prosecution story is of kidnapping of the son of the informant and nobody is named in the FIR but later on name of the petitioners has transpired on the re-statement. Submission of the learned counsel for the petitioners is that the nobody is named in the FIR and even in two restatements, they have not been named and later on in the fourth re-statement, name of the petitioner no.1 has transpired

Patna High Court CR. MISC. No.22086 of 2019(4) dt.02-07-2019 2/3 showing that the victim has love affair with the petitioner no.1 as such they might have kidnapped the victim and apart from that there is nothing against the petitioner no.2. It is further submitted that they are ready to abide by any condition if the bail is granted to them.

Heard learned A.P.P. , who also could not point out any other materials except suspicion, which has been raised against the petitioner no.1 due to love affair between the petitioner no.1 and the victim..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, surrender before the court below on 10.7.2019 and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM4th, Supaul in connection with Chhatapur P.S.Case No.99 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that they have to co-operate in the investigation and appear before the police as and when required and it is also made clear that if any serous incriminating materials come against the petitioners

Patna High Court CR. MISC. No.22086 of 2019(4) dt.02-07-2019 3/3 during the investigation, the prosecution shall move for cancellation of the bail bond of the petitioner before the lower court, who will consider the same and will pass appropriate order, if any petition is filed. .

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T