Avinash Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17167 of 2018 Arising Out of PS. Case No.-684 Year-2017 Thana- DANAPUR District- Patna ======================================================

1. Avinash Kumar

2. Ayush Kumar @ Raj Both S/o Vinod Singh@ Vinod Kumar Singh R/o VillageSikarpur, P.S. Sahpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deovind Kumar Singh For the Opposite Party/s :

Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Danapur P. S. Case No. 684 of 2017 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Allegedly, Rajni Kumari aged about 17 years, the sister of the informant, went away from the house and on inquiry it revealed that co-accused Aditya Kumar @ Monu Kumar, with the help of the petitioners and friend Rajesh, took away the sister of the informant wherein hands of father and

Patna High Court Cr.Misc. No.17167 of 2018(2) dt.06-04-2018 2/3 mother of Aditya are also involved.

Submission is of false implication and that the petitioners have got no concern with the said occurrence, they have been made accused simply because they are the brothers of Aditya Kumar. As a matter of fact love affair was going on between Aditya Kumar and the sister of the informant, it has come to know that Aditya has performed marriage with the sister of the informant at the kalighat temple at Kolkata, both are majors, both are living in Kolkata, the sister of the informant has sworn affidavit also in this regard and as such the petitioners also deserve sympathetic consideration as father and mother have already been allowed pre-arrest bail by the impugned order itself.

Learned APP fairly submits that the petitioners have helped their brother.

In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur in connection with Danapur P. S. Case No. 684 of

Patna High Court Cr.Misc. No.17167 of 2018(2) dt.06-04-2018 3/3 2017, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T