Gagan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.47239 of 2015 (2) dt.28-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47239 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -AKBARPUR District- NAWADA ====================================================== Chandan Singh, Son of Shrikant Singh, resident of Village- Paharpur, Police Station- Akbarpur, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.49424 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -AKBARPUR District- NAWADA ====================================================== Gagan Kumar, Son of Shri Ajay Singh, resident of Village- Nad, Police Station - Akbarpur, District Nawada.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.47239 of 2015) For the Petitioner/s : Mr. Ranjit Kumar Singh, Advocate. For the Opposite Party/s : Mr. Smt.Pronati Singh (APP) (In Cr.Misc. No.49424 of 2015) For the Petitioner/s : Mr. Ranjit Kumar Singh, Advocate. For the Opposite Party/s : Mr. Uma Nath Mishra(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-01-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Akbarpur P.S. Case No. 105 of 2014 registered under Sections 366(A) read with Section 34 of the Indian Penal Code. The accusation is of kidnapping of Jauli Kumari, minor daughter of informant, by the petitioners and Tunni Kumar with the

Patna High Court Cr.Misc. No.47239 of 2015 (2) dt.28-01-2016 help of Siti Kumari.

Learned counsel for the petitioners submits that the statement of victim, Jauli Kumari, was recorded, under Section 164 of the Cr.P.C., in which, she has stated about moving to the house according to her own sweet will due to fear of her father. It is further submitted that co-accused, Tunni Kumar, has already been granted privilege of anticipatory bail by a Bench of this Court vide order dated 14.08.2015 passed in Criminal Misc. No. 32623 of 2015.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada/Concerned Court in connection with Akbarpur P.S. Case No. 105 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T