Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33763 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

Jahangir Alam @ Jahangir Ansari @ Sonu Son of Jamaluddin Ansari Resident of Village - Banakata Jangalgurhi, P.S.- Gopalpur, Distt - Gopalganj.

2.

Bablu Kumar Son of Rajendra Sah @ Rajindr Prasad Resident of Village - Banakata Jangalgurhi, P.S.- Gopalpur, Distt - Gopalganj. 3.

Mira Devi Wife of Loha Sah Resident of Village - Banakata Jangalgurhi, P.S.- Gopalpur, Distt - Gopalganj.

4.

Rajal Devi Wife of Parmanand Sah Resident of Village - Banakata Jangalgurhi, P.S.- Gopalpur, Distt - Gopalganj. 5.

Usha Devi Wife of Raju Sah @ Raju Resident of Village - Lila Patti, Kathkuiyan, Padrauna, Kushi Nagar (U.P) 6.

Raju Sah @ Raju Son of Gulab Sah @ Gulab Resident of Village - Lila Patti, Kathkuiyan, Padrauna, Kushi Nagar (U.P) 7.

Pusha Devi @ Babita Devi Wife of Umesh Sah @ Umesh Resident of Village - Kathkuiya, Kushi Nagar (U.P) 8.

Puja Devi Wife of Mithai Sah @ Mithai Prasad Resident of Village - Semara Hardo, P.S.- Kuber Sthan, Distt - Kushi Nagar (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arghesh Kumar For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered under Sections 365 and 366A of the Indian Penal Code.

Patna High Court CR. MISC. No.33763 of 2019(3) dt.08-08-2019 2/3 While the grand-daughter of the informant had gone to field, all the accused persons kidnapped her on Bolero for the purpose of marriage.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. As a matter of fact, victim was kidnapped by Banti Kumar and petitioners have been falsely implicated in the case merely because they happen to be relative of said Banti Kumar. Victim in her statement recorded under Section 164 Cr.P.C. has not named the petitioners in the occurrence rather has stated that Banti Kumar had kidnapped her. On medical examination, doctor has found the victim aged about 18-19 years i.e. major. Said Banti Kumar has been enlarged on regular bail by a co-ordinate Bench of this Court vide order dated 16.07.2019 passed in Cr. Misc.No. 43768 of 2019. On the other hand, learned APP for the State and learned counsel for the informant opposing the bail petition submitted that all the accused persons have committed kidnapping of the grand-daughter of the informant, hence they do not deserve bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the

Patna High Court CR. MISC. No.33763 of 2019(3) dt.08-08-2019 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Gopalganj in connection with Gopalpur P.S. Case No. 33 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T