Birendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33462 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.

Birendra Thakur, Son of Late Ghuran Thakur 2.

Jawahar Thakur, Son of Late Ghuran Thakur 3.

Pankaj Kumar, Son of Birendra Thakur 4.

Chandan Thakur, Son of Birendra Thakur All are Resident of Village- Budhwa, P.S.- Alouli, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners in the present case are seeking anticipatory bail in connection with Alouli P.S. Case No.7 of 2019 registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the victim girl is said to have been kidnapped by one Guddu Kumar and these petitioners while she was returning from market during the evening time along with the informant. It is submitted that the petitioner no.1 is father of Guddu Kumar, petitioner no.2 is the uncle and petitioner nos.3 and 4 are the

Patna High Court CR. MISC. No.33462 of 2019(3) dt.06-08-2019 2/3 brothers of said Guddu Kumar. It is submitted that the whole allegations are false and baseless. It is submitted that the present FIR has been lodged three days after the alleged occurrence without there being any explanation as to why it took three days time in lodging of the FIR if the victim girl was taken away by these petitioners along with the said Guddu Kumar in presence of the informant.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners. It is submitted that in course of investigation some witnesses have also supported the alleged occurrence.

Considering the facts and circumstances of the case where it appears to this Court that the alleged occurrence is said to have taken place in presence of the informant on 05.01.2019 at 6.00 pm, but the FIR has been lodged on 08.01.2019 and further that the case of the petitioners is that because of some kind of affair Guddu Kumar and the victim girl seem to have gone away for the purpose of marriage as also that these petitioners are father, uncle and two brothers of said Guddu Kumar, let the petitioners above named in case of their arrest or surrender within four weeks from today in connection with Alouli P.S. Case No.7 of 2019 be released on bail on execution

Patna High Court CR. MISC. No.33462 of 2019(3) dt.06-08-2019 3/3 of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The petitioners shall report to the investigating officer within four weeks from today and shall cooperate in investigation of the case, failing which the investigating officer shall have liberty to file an application for cancellation of bail.

(Rajeev Ranjan Prasad, J) arvind/- U T