Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47247 of 2015 Arising Out of PS.Case No. -278 Year- 2015 Thana -JAHANABAD District- JEHANABAD ====================================================== Abhishek Kumar son of Upendra Kumar resident of Village- Mubarakpur, P.S. Kurtha, District Arwal .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.47287 of 2015 Arising Out of PS.Case No. -278 Year- 2015 Thana -JAHANABAD District- JEHANABAD ====================================================== Shailesh Kumar Son of Ram Datt Singh Resident of Mohalla - Gandhi Nagar, Police Station - Jehanabad, District - Jehanabad .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners of both the applications are accused in connection with Jehanabad P.S. Case No. 278 of 2015 registered under Sections 363/366(A) of the I.P.C. Therefore, both applications are being heard together and disposed of by this order.

The prosecution case is that Saguffa Pravin, daughter of the informant had gone Shrishti Coaching in the morning on

Patna High Court Cr.Misc. No.47247 of 2015 (2) dt.04-02-2016 2/3 06.07.2015, but she did not return till evening. Thereafter, informant went there and found that Coaching was closed and the Manager of the Coaching, Ajit Kumar was found absent. Then he approached the staff of the coaching and obtained his address but on reaching his residence, it was found that he left the quarter. The petitioners also supplied the mobile number of Ajit Kumar. The informant raised suspicion against the petitioners having hand in the kidnapping of her daughter by Coaching Manager, Ajit Kumar. Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. itself that the petitioners are staff of the coaching.

They have no concern with kidnapping of daughter of the informant, but mere on suspicion petitioners have been implicated in this case. Further, submission is that victim Saguffa Pravin @ Mahi gave her stated under Section 164 Cr. P.C. in which she has specifically stated about moving with Ajit Kumar according to her sweet will and performed marriage with him in Patna.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each

Patna High Court Cr.Misc. No.47247 of 2015 (2) dt.04-02-2016 3/3 to the satisfaction of the C.J.M., Jehanabad in connection with Jehanabad P.S. Case No. 278 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T