Patna High CourtCR. MISC./14123/2016bail granted

Mritunjay Singh @ Loha Singh And ANR. v. The State Of Bihar

2016-03-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14123 of 2016 Arising Out of PS.Case No. -28 Year- 2014 Thana -MALI District- AURANGABAD ======================================================

1. Mritunjay Singh @ Loha Singh S/o Late Yugal Singh

2. Rina Devi, wife of Mritunjay Singh @ Loha Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramendra Kumar Singh For the Opposite Party/s : Mr. Ram Naresh Ray(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section 366, 504, 506, 120B/34 of the Indian Penal Code.

The prosecution case is of abducting the minor daughter of the informant.

It is submitted by the learned counsel for the petitioners that the victim got her statement recorded under section 164 of the Cr. P. C. wherein she stated that co-accused Nitesh Singh and Ritesh Singh forcibly took her in a white vehicle and kidnapped her since co-accused Ritesh Singh wanted to marry with her. The vehicle was being driven by co-accused Anil Singh. The victim was taken to New Delhi and after one week she was left

Patna High Court Cr.Misc. No.14123 of 2016 (2) dt.31-03-2016 2/2 near Ramesh Chowk, Aurangabad. It is submitted that the victim in her statement under section 164 of the Cr. P.C. has not named the petitioners. The petitioners have simply been roped in the case since they are parents of co-accused Ritesh Singh. On conclusion of investigation the police did not submit charge sheet against the petitioners but learned Magistrate differing with the police report took cognizance against the petitioners also. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Mali P.S. Case No. 28 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T