Kundan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24733 of 2018 Arising Out of PS.Case No. -155 Year- 2016 Thana -SAHPUR District- PATNA ======================================================

1. Kundan Kumar,

2. Ajeet Paswan, Both are Sons of Sri Laxman Paswan,

3. Munni Devi D/o Laxman Paswan and W/o Sanjay Paswan,

4. Laxman Paswan S/o Late Bishun Dayal Paswan, All are R/o Vill.- Nargada, P.S.- Shahpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bindeshwar Kumar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Shahpur P.S.Case No. 155 of 2016 (G.R. No. 3579/ 2016), registered for offences punishable under Sections 366 (A), 504, 506/34 of the Indian Penal Code.

Allegation against the petitioners is of kidnapping the minor daughter of the informant.

Submission of the learned counsel for the petitioners is that the petitioners never kidnapped the daughter of informant and the victim girl herself admitted in her statement recorded under Section 164 Cr. P. C. that she voluntarily got married with

Patna High Court Cr.Misc. No.24733 of 2018 (2) dt.04-05-2018 2/3 petitioner No. 1 and they have a child with their wedlock. It is also submitted that the petitioners have no criminal antecedents. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioners, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in connection with Shahpur P.S.Case No. 155 of 2016, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.

With following conditions:- i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

ii) The petitioners will not induce any witness or tamper with the evidence.

iii) The petitioners shall co-operate in the investigation of the case and make themselves

Patna High Court Cr.Misc. No.24733 of 2018 (2) dt.04-05-2018 3/3 available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond.

(Vinod Kumar Sinha, J) Sudha/- U T