Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35613 of 2020 Arising Out of PS. Case No.-51 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== 1.
Ranjan Kumar, S/O Kavindra Pandey, Resident of Village - Sohansa, P.S. - Deoriya, District - Muzaffarpur 2.
Raushan Kumar, S/O Kavindra Pandey, Resident of Village - Sohansa, P.S. - Deoriya, District - Muzaffarpur 3.
Anjan Kumar, S/O Kavindra Pandey, Resident of Village - Sohansa, P.S. - Deoriya, District - Muzaffarpur 4.
Mintu Devi, W/O Kavindra Pandey, Resident of Village - Sohansa, P.S. - Deoriya, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-04-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Deoriya P.S. Case No. 51 of 2019, registered under Sections 366(A) and 363 of the Indian Penal Code. The accusation is that on 01.05.202019, daughter of
Patna High Court CR. MISC. No.35613 of 2020(2) dt.09-04-2021 2/3 the informant, aged about 10 years, moved from the house in the morning to attend the school but she did not return till evening. Thereafter, search was made but no trace was found. Learned counsel for the petitioners submits that the statement of victim was recorded under Section 164 of the Cr.P.C. on 03.03.2020, in which, she has stated that while she was in the way for going to tuition then her Masi, Mintu Devi, (petitioner no.4) meet to her. Thereafter, petitioner nos. 1, 2, 3 and Shankar Das forcibly boarded her in Bolero vehicle and took her at Chakiya Station and when she was boarded in the train, at that time, Roushan Kumar put handkerchief weted with liquid on her mouth then she become unconscious. Thereafter, when she regain consciousness then she found at Calcutta Railway Station and thereafter, they fled away and she was kept at shelter home for two months.
Having regard to the facts and circumstances of the case, let the petitioner no.4, Mintu Devi, be released on bail, in the event of her 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) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Muzaffarpur (West), in connection with
Patna High Court CR. MISC. No.35613 of 2020(2) dt.09-04-2021 3/3 Deoriya P.S. Case No. 51 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. So far as the bail prayer of petitioner nos. 1, 2 and 3 namely, Ranjan Kumar, Raushan Kumar and Anjan Kumar are concerned, having regard to the facts and circumstances of the case and the nature of allegation against them, I am not inclined to grant anticipatory bail to the petitioner nos. 1, 2 and 3. Accordingly, their prayer for grant of anticipatory bail stands rejected. The petitioner nos. 1, 2 and 3 are directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) Bhardwaj/- U T