Rahul Patel @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29621 of 2020 Arising Out of PS. Case No.-402 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== 1.
RAHUL PATEL @ RAHUL KUMAR, S/o Shambhu Patel, 2.
Sandip @ Sacchiddanand Kumar @ Sandeep Kumar, S/o Tarkeshwar Prasad, Both Residents of Village-Maulaniya, Ward No.09, P.S.-Sirisia, DistrictWest Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shantanu Kumar For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2021 Heard learned counsel for the petitioners and learned APP for the State.
Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.
Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 363,366(A) of the Indian Penal Code.
Patna High Court CR. MISC. No.29621 of 2020(2) dt.22-01-2021 2/3 Allegation against the petitioners and three other accused persons is that they kidnapped a 16 years old minor girl of the informant with intent to murder on 15.12.2019 at around 3.00 am when she had gone in the outer part of her house to attend the call of nature.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The statement of victim girl recorded under Section 164 Cr.P.C. in which she has clearly mentioned that his parents were trying to marry her forcefully and as such she with her own choice married with Kishan Kumar in a temple at Patna. The petitioners are co-villagers and had no direct relation with the husband of victim girl. The petitioners have got no criminal antecedent.
Learned APP for the State opposes the prayer for bail petition.
In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.29621 of 2020(2) dt.22-01-2021 3/3 satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Chanpatia (Sirisia O.P) P. S. Case No. 402/2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) amitkumar/- U T