Patna High CourtCR. MISC./47540/2021partly allowed disposal

Shankar Thakur v. The State Of Bihar

2022-05-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47540 of 2021 Arising Out of PS. Case No.-60 Year-2020 Thana- KHARIK District- Bhagalpur ====================================================== 1.

SHANKAR THAKUR S/o Sri Rajendra Thakur @ Rajendra Prasad Thakur R/o village- Kharik Bazar, P.S.- Kharik, District- Bhagalpur 2.

Rajendra Thakur @ Rajendra Prasad Thakur S/o Late Sitabi Thakur R/o village- Kharik Bazar, P.S.- Kharik, District- Bhagalpur 3.

Neelam Devi W/o Sri Shankar Thakur R/o village- Kharik Bazar, P.S.- Kharik, District- Bhagalpur 4.

Ardola Devi W/o Sri Rajendra Thakur @ Raendra Prasad Thakur R/o village- Kharik Bazar, P.S.- Kharik, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

After some arguments, learned counsel for the petitioners seeks permission to withdraw this application against petitioner nos. 1 and 3.

Permission is accorded.

This application is dismissed as withdrawn against petitioner nos. 1 and 3.

So far as rest of the petitioners are concerned, the instant application for anticipatory bail has been filed by the

Patna High Court CR. MISC. No.47540 of 2021(3) dt.17-05-2022 2/3 petitioner nos. 2 and 4 apprehending their arrest in connection with Kharik P.S. Case no. 60 of 2020 instituted for the offence punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

As per allegation in the FIR, while minor daughter of the informant, was coming from tuition, several accused persons including the petitioners have kidnapped with intention to marry her.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. petitioner no. 2 and 4 are parents of co-accused Gaurav Kumar, against whom there is specific allegation of kidnapping the minor daughter of the informant. Co-accused Golu Kumar is languishing in judicial custody. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner no. 2 and 4 on bail. The petitioner nos. 2 and 4 are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kharik P.S. Case

Patna High Court CR. MISC. No.47540 of 2021(3) dt.17-05-2022 3/3 no. 60 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Naugachia, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U