Mithilesh Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6823 of 2017 Arising Out of PS.Case No. -16 Year- 2014 Thana -JIRADEI District- SIWAN ======================================================

1. Mithilesh Bhagat

2. Kamlesh Bhagat, both sons of Dinanath Bhagat, resident of villageKarhanu, P.S. Zeeradei, District- Siwan .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Jiradei P.S. Case No. 16 of 2014 for the offences instituted under Sections 366(A)/34 of the Indian Penal Code. The petitioners along with his brother namely Niraj Kumar are alleged to have involved in commission of kidnapping of the minor daughter of the informant, while she had gone to attend the call of nature.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Annexure-2 is 164 Cr.P.C. statement of the victim, where she has admitted that out of her own will, she has got

Patna High Court Cr.Misc. No.6823 of 2017 (2) dt.13-02-2017 2/2 married with Niraj Kumar (brother of petitioners). There is no allegation of physical or sexual abuse against the petitioners. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Jiradei P.S. Case No. 16 of 2014 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T