Bijay Dharkar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36640 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Bijay Dharkar, Son of Bishwanath Dharkar,

2. Bishwanath Dharkar, Son of Late Haru Dharkar, Both R/o Murliganj Dharkari Tola, P.S.- Murliganj, District- Madhepura. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Md. Shamimul Hoda For the Opposite Party/s : Mr. Anand Kishor Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Murliganj P.S.Case No. 120 of 2017 registered for the offence under Sections 366A, 504 and 506 of the Indian Penal Code.

Petitioners are not named in the FIR and allegation is of kidnapping of daughter of informant.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and even the victim girl in her statement under Section 164 Cr.P.C. has not named these petitioners. Further submission is that co-accused having similar allegation has been granted bail by this Court in Cr.Misc.No. 33634 of 2017, vide order dated 20.7.2017.

Patna High Court Cr.Misc. No.36640 of 2017 (2) dt.11-08-2017 2/2 Heard learned APP also, who could not controvert the above submission.

Having heard both sides and in view of the facts and circumstances, let petitioners, above named, surrender within a period of four weeks before the court below and on their so surrendering they shall be released 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 the Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S.Case No. 120 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors should be a local person having sufficient properties within the jurisdiction of court concerned and they will co-operate in investigation of the case and make themselves available before the investigating officer as and when required, failing which their bail bonds shall be cancelled. (Vinod Kumar Sinha, J) spal/- U