Kunal Patel @ Kunal Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79162 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

Kunal Patel @ Kunal Kumar, Son of Amod Patel. 2.

Raushan Patel @Raushan Kumar, Son of Hanuman Patel. 3.

Gautam Patel, Son of Amod Patel.

4.

Amod Patel, Son of Lakshman Raut, All Resident of Village - Sheohar, P.S. Sheohar, District - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2019 The petitioners apprehend their arrest in connection with Bairgania P.S.Case No. 136 of 2018 registered under Sections 366 and 376/34 of the Indian penal Code and 3 and 4 of the Dowry Prohibition Act.

Allegation against the petitioners is of kidnapping the minor daughter of the informant.

Submission of learned counsel for the petitioners is that allegation is that girl has married with the petitioner no. 1 and later on, due to some reason, she left him and her father has lodged the present false case. Further submission is that she is still residing with the petitioner no. 1.

Patna High Court CR. MISC. No.79162 of 2018(3) dt.06-03-2019 2/2 Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to them rather they should surrender within a period of six weeks from the date of receipt of a copy of this order and on their surrender, the court below shall verify the fact from the daughter of the informant as to whether she is residing with petitioner no. 1 and others, and if it is found true, petitioners will be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Bairgania P.S. Case No. 136 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, otherwise court below is free to pass any order or orders which may be deem fit and proper.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) sujit/- U T