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Patna High CourtCR. MISC./36175/2019allowed

Krishna Singh v. The State Of Bihar

2019-08-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36175 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

KRISHNA SINGH 2.

Suraj Singh both Son of Ramakant Singh Resident of Asnand Tola, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366A/34 of the Indian Penal Cod.

Prosecution case is that the informant Ravi Manjhi, launched prosecution, presenting written statement, stating therein that on 27.11.2018 the petitioner together with coaccused Munna Singh enticed his daughter Gudiya Kumari aged about 15 years for purpose of marriage. The informant made search, but she did not trace out.

It has been submitted on behalf of the petitioners that they are innocent, bear no criminal antecedent, committed no

Patna High Court CR. MISC. No.36175 of 2019(3) dt.14-08-2019 2/2 offence and have been falsely implicated in the present case. It is further submitted that there was love affairs between the victim and petitioner Krishna Singh which finds support from the statement of the victim recorded under Section 164 Cr.P.C. It is further submitted that none of the accused persons have kidnapped the victim and the occurrence is said to be took place on 27.11.2018 but the informant has lodged this case on 03.01.2019 for which there is no explanation and no time has been disclosed in the F.I.R. on the said occurrence.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A. C.J.M.-IX, Gopalganj in connection with Uchakagaon Police Station Case No. 05 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T