Laldeo Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56316 of 2015 Arising Out of PS.Case No. -317 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Laldeo Singh S/o Late Ramshreshth Singh

2. Shambhu Narayan Singh S/o Laldeo Singh Both R/o Village Rahimapur, P.S. Bidupur, Distt. Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-12-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 366(A), 504 of the Indian Penal Code.

The prosecution case is of kidnapping the minor sister of the informant.

It is submitted by learned counsel for the petitioners that in 164 Cr.P.C statement the victim got her age recorded as 20 years whereas Court assessed as 17 years when as per the Bihar School Examination certificate the victim's date of birth is 10.12.1995 meaning thereby on the date of occurrence the victim was major. The victim in her 164 Cr.P.C statement stated that she married with Ankit Kumar @ Aditya Kumar six months prior to the date of registration of the F.I.R. She further stated that she eloped with Ankit Kumar @ Aditya Kumar of her own and she was never been kidnapped and she

Patna High Court Cr.Misc. No.56316 of 2015 (2) dt.16-12-2015 2/2 is pregnant. It is further submitted that since petitioners are grand-father and uncle of Ankit Kumar @ Aditya Kumar, hence they have been roped in the present case.

Considering the 164 Cr.P.C statement of the victim, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 317 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T