Jalendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38834 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- KARAHGAR District- Rohtas ====================================================== JALENDRA SINGH Son of Bharat Singh Resident of Vill. - Panapur, P.S.- Kargahar, Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38937 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- KARAHGAR District- Rohtas ====================================================== KRISHNA SINGH Son of Avadhesh Singh Resident of Village - Badahari, P.S.- Kargahar, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 38834 of 2022) For the Petitioner/s :
Mr.Ashok Kumar Pandey, Advocate Mr.Rajankant Pandey, Advocate For the Opposite Party/s :
Mrs.Sharda Kumar, A.P.P (In CRIMINAL MISCELLANEOUS No. 38937 of 2022) For the Petitioner/s :
Mr.Ashok Kumar Pandey, Advocate Mr.Rajankant Pandey, Advocate For the Opposite Party/s :
Mrs.Sharda Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.38834 of 2022(3) dt.20-02-2023 2/3 The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 343, 366, 341, 323 and 504 read with 34 of the Indian Penal Code.
As per prosecution case, the petitioners and the coaccused person are alleged to have kidnapped the minor daughter of the informant Riya Kumari who is aged about 17 years for the purpose of marriage. The informant went to the house of the co-accused Deepak Kumar then the father and younger brother of the co-accused Deepak Kumar abused and assaulted the informant.
Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioner No. 1 is father of the co-accused Deepak Kumar. The petitioner No. 2 is uncle of the co-accused Deepak Kumar. The main allegation is against co-accused Deepak Kumar and the petitioners are made accused in this case only because the petitioners are father and uncle of the coaccused Deepak Kumar. Learned counsel further submitted that F.I.R does not shows that the victim was kidnapped to have illicit sexual intercourse with another person. Learned A.P.P. for the State has vehemently opposed
Patna High Court CR. MISC. No.38834 of 2022(3) dt.20-02-2023 3/3 the prayer of anticipatory bail of the petitioners by submitting that the victim is still traceless.
Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Sasaram, Rohtas in connection with Kargahar P.S. Case No. 193 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T