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Patna High CourtCR. MISC./77281/2018dismissed

Tarun Tiwari @ Tarun Kumar Tiwari And ANR v. The State Of Bihar

2019-04-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77281 of 2018 Arising Out of PS. Case No.-56 Year-2017 Thana- KOPA District- Saran ====================================================== 1.

Tarun Tiwari @ Tarun Kumar Tiwari and Anr 2.

Amit Tiwari @ Laxmi Nr. Tiwari @ Laxmi Narayan Tiwari Both Sons of Satyanarayan Tiwari, Both R/o Vill.- Tekniwa, P.S.- Revilganj, DistrictSaran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Kopa P.S.Case No. 56 of 2017, registered for offences punishable under Sections 366 (A)/120 (B) of the Indian Penal Code.

Allegation as per F.I.R. against the petitioners is that the petitioners along with other accused persons is of kidnapping the minor daughter of the informant. Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case and medical Board disclosed that she was a major and main allegation against one Pradeep Kumar Tiwari and not against these

Patna High Court CR. MISC. No.77281 of 2018(3) dt.12-04-2019 2/2 petitioners and statement of the victim recorded under Section 164 Cr.P.C. after eight months of occurrence. It is also submitted that the petitioners have no criminal antecedents. Heard learned A.P.P. as well as learned counsel for the informant, who opposes the prayer for bail. Having heard both sides and in view of the facts and circumstances as discussed above, the case of the petitioners is concerned, I am not inclined to grant bail to the petitioners, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioners that if the petitioners surrender before the court below within a period of four weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. This application is accordingly dismissed on the same day.

(Vinod Kumar Sinha, J) sudha/- U T