Mukesh Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53994 of 2015 Arising Out of PS.Case No. -497 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Mukesh Kumar S/o Adhik lal Singh

2. Animesh kumar S/o- Mukesh kumar Both resident of Village- Kapsauna, P.S. Shahkund, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366/34 of the Indian Penal Code.

The accusation is of kidnapping the minor daughter of the informant.

In 164 Cr.P.C. statement the victim has got her age recorded as 19 years when the court has assessed as such where she has stated that she was being taken forcibly by Santosh, though, two others were also present, out of them one is Anjani Kumar.

Patna High Court Cr.Misc. No.53994 of 2015 (2) dt.27-11-2015 2/2 It is submitted by learned counsel for the petitioners that in 164 Cr.P.C. statement the victim has not named these petitioners and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the fact that the victim has not named these petitioners, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 497 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T