Vikash Kumar Singh @ Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22017 of 2020 Arising Out of PS. Case No.-55 Year-2020 Thana- RAJPUR District- Buxar ====================================================== 1.
Vikash Kumar Singh @ Vikash Singh S/o Sri Surendra Singh, resident of village- Rajpur, P.S.- Rajpur, Distt- Buxar, Bihar. 2.
Shubham Kumar Singh @ Ankit S/o Abhai Singh, resident of villageRajpur, P.S.- Rajpur, Distt- Buxar, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar Singh For the Opposite Party/s :
Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2020 Heard learned counsel for the petitioners and learned counsel for the State through Video Conferencing. In this case, the petitioners are seeking anticipatory bail in G.R. No. 509 of 2020 arising out of Rajpur P.S. Case No.55 of 2020 registered for offence punishable under section 366/34 of the Indian Penal Code.
In the FIR, allegation has been made that informant's daughters, namely, Aparajeeta Kumari and Shikhu Kumari were kidnapped and taken away by the petitioners Vikash Kumar Singh and Shubham Kumar Singh, but from the statement of the girl recorded under section 164 Cr.P.C. before the Court it appears that both were knowing to each other. From the
Patna High Court CR. MISC. No.22017 of 2020(2) dt.17-08-2020 2/3 statement made by Shikhu Kumari it appears that she was knowing to Shubham Kumar Singh for last two and half years and they were sharing photographs to each other. Allegation has been made that they had threatened to viral their objectionable photographs, on that account, she had gone to Delhi along with the petitioners and entered into marriage with them.
Learned counsel for the petitioners submits that in fact the victim girls on their own volition had gone there and entered into the marriage. He further submits that first she went to the Court, but not made any statement before the Court but later on under the pressure and coercion, she changed her statement and took plea that under pressure they entered into the marriage. Learned counsel for the petitioner submits that both are major girls and they used to stay in Delhi for the purposes of competitive examination.
Looking to the facts and circumstance of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of 3rd Additional Chief Judicial
Patna High Court CR. MISC. No.22017 of 2020(2) dt.17-08-2020 3/3 Magistrate, Buxar in connection with G.R. No. 509 of 2020 arising out of Rajpur P.S. Case No. 55 of 2020, subject to the condition that one of the bailors of the petitioners shall be a close relative. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Shivaji Pandey, J) Mahesh/- U T