Dharmendra Kumhar And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.40167 of 2016 (3) dt.21-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40167 of 2016 Arising Out of PS.Case No. -69 Year- 2016 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================
1. Dharmendra Kumhar Son of Lalan Kumhar
2. Lalan Kumhar Son of Late Mukund Kumhar
3. Siya Ram Kumhar @ Siyaram Kumhar Son of Late Mukund Kumhar All resident of Village- Motha, Police Station- Karakat, District- Rohtas at Sasaram.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 21.11.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with a case registered under section 366A/34 of the Indian Penal Code.
Petitioners are named in the first information report with allegation that they kidnapped the informant's minor daughter.
Para 2 of the case diary goes to show that when further statement of the informant was recorded, he stated that the victim girl had been kept in the house of the petitioners in the night of alleged occurrence and on the next morning, it was co- accused Amawas Kumhar who took the victim from their
Patna High Court Cr.Misc. No.40167 of 2016 (3) dt.21-11-2016 house.
Petitioner no.1 happens to be brother, petitioner no.2 father and petitioner no.3 uncle of the aforesaid co- accused Amawas Kumhar. The victim is still traceless and investigation is going on.
Submission on behalf of the petitioners is that petitioners do not have any concern with the alleged occurrence and, as a matter of fact, victim, herself, eloped with the aforesaid co- accused Amawas Kumhar and whereabouts of the victim as well as co- accused Amawas Kumhar is not known to the petitioners.
Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram in Karakat P.S. Case no. 69/2016 subject to condition as laid down under section 438(2) of the Cr.P.C.
shahid (Hemant Kumar Srivastava,J) U T