Rishi Kapoor Kumar @ Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37622 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Rishi Kapoor Kumar @ Rishi Kumar, Son of Birendra Prasad Kushwaha Resident of Village - Rajbada, P.S.- Ghorasahan, Distt - East Champaran. 2.

Mohit Kumar, Son of Late Chotu Sharan Resident of Village - Kadmawa College Tola, P.S.- Ghorasahan, Distt - East Champaran. 3.

Monu Kumar @ Avinash Kumar, Son of Late Chotu Sharan Resident of Village - Kadmawa College Tola, P.S.- Ghorasahan, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Ghorasahan P.S. Case No.231 of 2018 for the offence punishable under Sections 363, 366A, 34 of the Indian Penal Code.

The allegation against the petitioners is that petitioners along with others abducted the daughter of the informant.

Ms. Rashmi Jha, learned counsel appearing for the petitioners submits that the statement of the victim girl has been

Patna High Court CR. MISC. No.37622 of 2019(4) dt.06-09-2019 2/3 recorded under Section 164 Cr.P.C. which is annexed at Annexure-2 with this petition. Learned counsel for the petitioners further submits that victim girl has stated that she was taken away forcibly by petitioners and others and was confined in a room but on the next date, her family arrived escaped and released her. It has further been stated that the petitioners and others took the victim to some other places which the victim did not identify and when she regained conscious, she went in the courtyard for having water, she saw her maternal uncle and uncle were searching the victim and the victim called them and they took the victim to her home.

Learned counsel appearing for the petitioners further submits that similarly situated person, Raj Kapur Kumar, has been granted bail by this Court in Cr. Misc. No.57184 of 2018. After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that victim girl has made vague statement and similarly situated accused person has been granted bail by this Court, as such, I am inclined to grant anticipatory bail to all the petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a

Patna High Court CR. MISC. No.37622 of 2019(4) dt.06-09-2019 3/3 period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T