Bambam Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48298 of 2018 Arising Out of PS.Case No. -470 Year- 2017 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Bambam Singh, Son of Bidya Nand Singh,

2. Dinkal Devi @ Twinkale Devi, Wife of Bambam Singh, D/o Bahadur Singh, Both resident of Village- Banni Tema, P.S.- Maheshkhunt, DistrictKhagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishore Singh, Adv. For the Opposite Party/s : Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in Bihpur (Bhawanipur) P.S. Case No. 470/2017, registered for the offences punishable under Sections 363, 366 and 34 of the Indian Penal Code.

Informant is the father of victim, who in his written complaint has stated that petitioners were instrumental in kidnapping his daughter for marriage. She was taken away by Praveen Kumar and his family members.

It has been submitted that in fact there is love affair between the victim girl and Praveen Kumar. Petitioners are

Patna High Court Cr.Misc. No.48298 of 2018 (2) dt.18-09-2018 2/3 brother-in-law and sister of Praveen Kumar. Petitioners have falsely been implicated in the case, as they are relative and family members of Praveen Kumar. Moreover, the victim girl in her statement under 164 Cr.P.C. has stated that she was not subjected to any sexual assault.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge IInd, Naugachia, Bhagalpur in connection with Bihpur (Bhawanipur) P.S. Case No. 470/2017, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to

Patna High Court Cr.Misc. No.48298 of 2018 (2) dt.18-09-2018 3/3 cancel their bail bonds.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T