Akhilesh Kumar @ Akhilesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30493 of 2019 Arising Out of PS. Case No.-673 Year-2016 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.
Akhilesh Kumar @ Akhilesh Prasad, Son of Laxman Prasad Resident of Mohalla- Kotwali Chowk, Bettiah, Ward No. 17, Police Station- Bettiah Town, District- West Champaran.
2.
Saroj Devi, Wife of Akhilesh Prasad Resident of Mohalla- Kotwali Chowk, Bettiah, Ward No. 17, Police Station- Bettiah Town, District- West Champaran.
3.
Prince Kumar @ Sant @ Sentu, Son of Akhilesh Prasad Resident of Mohalla- Kotwali Chowk, Bettiah, Ward No. 17, Police Station- Bettiah Town, District- West Champaran.
4.
Priyanka Kumari @ Pryanka Kumari, Daughter of Akhilesh Prasad Resident of Mohalla- Kotwali Chowk, Bettiah, Ward No. 17, Police Station- Bettiah Town, District- West Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar No 7 For the Opposite Party/s :
Mr. Shailendra Kumar Singh Mr. Nawal Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. Petitioners apprehend their arrest in connection with Bettiah Town P.S. Case No.673 of 2016, for the offence punishable under Sections 366A, 372, 34 of the Indian Penal Code.
The allegation against the petitioners is that the son of petitioner No.1 and 2 has kidnapped the daughter of the
Patna High Court CR. MISC. No.30493 of 2019(6) dt.16-10-2019 2/3 informant in which the involvement of all the petitioners is also there.
Learned counsel for the petitioners submits that petitioner No.1 is father and petitioner No.2 is the mother of the co-accused, Aniket Kumar Prasad, who has allegedly kidnapped the daughter of the informant and petitioner No.3 is unmarried brother and petitioner No.4 is unmarried sister of co-accused Aniket Kumar Prasad.
Learned counsel for the petitioner relying upon paragraph 43 of the case diary submits that in fact the victim girl, Chandani, had sent duly affidavited application to the I.O. of the case stating therein that she being major has voluntarily married with the co-accused Aniket Kumar Prasad. Learned counsel referring to Paragraph No.136 of the case diary submits that the fact of the matter is that process under Section 82 has been issued against the co-accused Aniket Kumar Prasad and not against these petitioners.
Having regard to the submissions made by the parties and taking into consideration the fact that petitioners are family members of co-accused Aniket Kumar Prasad, who has allegedly kidnapped the daughter of the informant for marriage, I am inclined to grant anticipatory bail to all these petitioners.
Patna High Court CR. MISC. No.30493 of 2019(6) dt.16-10-2019 3/3 Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a 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 Chief Judicial Magistrate, Bettiah, West Champaran, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.
(Anil Kumar Sinha, J) sanjeev/- U T