Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33769 of 2019 Arising Out of PS. Case No.-388 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Arun Kumar Son of Sri Ram Surat Singh Resident of Village- Baraki Khairi, P.O.- Silari P.S.- Seosagar, District- Rohtas (Bihar) 2.

Anarudh Kumar @ Anirudh Kumar Son of Sri Ram Surat Singh Resident of Village- Baraki Khairi, P.O.- Silari P.S.- Seosagar, District- Rohtas (Bihar) 3.

Sushil Kumar Son of Late Shailendra Singh Resident of Village- Baraki Khairi, P.O.- Silari P.S.- Seosagar, District- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Sheosagar P.S. Case No. 388 of 2018 registered for the offence punishable under Sections 365, 366/34 of the Indian Penal Code.

One Nanhay Kumar is said to have kidnapped major daughter of the informant on motorcycle and when the informant arrived at the house of Nanhay Kumar to make complain, petitioners, who happen to be uncles and brother of Nanhay Kumar slated him and made him to leave their house.

Patna High Court CR. MISC. No.33769 of 2019(2) dt.08-08-2019 2/3 Informant has claimed that the aforesaid accused persons have facilitated the kidnapping of his daughter by Nanhay Kumar. It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. As a matter of fact, the victim happens to be major and she had suo motu eloped with Nanhay Kumar and petitioners have been falsely implicated in this case merely because they happen to be relative of the said Nanhay Kumar. Victim in her statement recorded under Section 164 Cr.P.C. has stated that she was in love with Nanhay Kumar and calling him by mobile, she suo motu eloped with him and performed marriage with him. Said Nanhay Kumar has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 22.05.2019 passed in Cr. Misc. No. 33734 of 2019. On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the 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 learned A.C.J.M. Sasaram,

Patna High Court CR. MISC. No.33769 of 2019(2) dt.08-08-2019 3/3 Rohtas in connection with Sheosagar P.S. Case No. 388 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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