Bunilal Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39934 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- AMNAUR District- Saran ====================================================== 1.
Bunilal Rai, aged about 52 years, Male, Son of Shiv Pujan Devi. 2.
Kundan Kumar, aged about 28 years, Male, Son of Bunilal Rai. 3.
Pintu Kumar, aged about 22 years, Male, Son of Bunilal Rai. 4.
Pankaj Kumar, aged about 20 years, Male, Son of Bunilal Rai, All are resident- Narainpur Uttar Tola, P.S. Amnaur, District-Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nalin Kumar, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Amnaur P.S. Case No. 225 of 2023 instituted for the offences punishable under Sections 366 (A)/34 of the Indian Penal Code.
3. As per allegation in the FIR, the accused persons enticed the daughter of the informant.
4. Learned counsel for the petitioners submits that petitioners are innocent have committed no offence and have
Patna High Court CR. MISC. No.39934 of 2024(3) dt.06-09-2024 2/3 falsely been implicated in this case. The allegation levelled against the petitioners are false, concocted and baseless. During course of investigation the police recovered the victim girl and her statement recorded under 164 of the Cr.P.C. in which she has stated that she has not kidnapped by the petitioners. Petitioners have got no criminal antecedent as stated in para 3 of the petition.
5. Learned APP for the State vehemently opposed the prayer for bail of the petitioners.
6. From perusal of the F.I.R., case diary, statement of the victim recorded under Section 164 of the Cr.P.C. and the impugned order dated 31.01.2024, it appears that the victim had gone alone. During course of investigation the police recovered the victim girl and recorded her statement under Section 164 of the Cr.P.C. in which she has clearly stated that she has not kidnapped by the petitioners, no sexual assault is there against the petitioners and the victim stated that she had gone alone and nothing committed against her, so considering all these aspects of the matter, let the above named petitioners be released on bail, in the event of their arrest or surrender before the Court below within six weeks from today, upon furnishing bail bonds 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.-8, Saran at Chapra in connection with Amnaur P.S. Case No. 225 of 2023, subject to the
Patna High Court CR. MISC. No.39934 of 2024(3) dt.06-09-2024 3/3 conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Ramesh Chand Malviya, J) Anand Kr.
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