Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23929 of 2020 Arising Out of PS. Case No.-138 Year-2019 Thana- TETERHAT District- Lakhisarai ====================================================== 1.

Kanhaiya Kumar S/o Kiran Singh Resident of Village-Mahisona, P.S.- Tetarhat, District-Lakhisarai.

2.

Santosh Kumar S/o Kiran Singh Resident of Village-Mahisona, P.S.- Tetarhat, District-Lakhisarai.

3.

Ganesh Kumar S/o Kiran Singh Resident of Village-Mahisona, P.S.-Tetarhat, District-Lakhisarai.

4.

Puja Kumari D/o Kiran Singh Resident of Village-Mahisona, P.S.-Tetarhat, District-Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Tetarhat P.S. Case No.138 of 2019, registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

The petitioners are said to have helped Avinash Kumar in taking away the daughter of the informant for the purpose of marriage.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. It is

Patna High Court CR. MISC. No.23929 of 2020(4) dt.13-12-2021 2/2 submitted that no specific allegation is made against the petitioners. The specific allegation is against Avinash Kumar. It is further submitted that the victim girl has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C. in which she stated before the learned Magistrate that she loves Avinash Kumar and she left her house with her own sweet will.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Having considered the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Tetarhat P.S. Case No.138 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T