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Patna High Court/38196/2023bail granted

Rana Pratap Prasad v. The State Of Bihar

2023-09-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 38196 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- AAYAR District- Bhojpur ====================================================== 1.

RANA PRATAP PRASAD Son of Late Sabha Pati Kahar Resident of village and P.S.- Ayar, District - Bhojpur at Ara.

2.

Sita Devi Wife of Rana Pratap Prasad Resident of village and P.S.- Ayar, District - Bhojpur at Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Arbind Kumar Singh, Advocate For the Opposite Party/s :

Mr Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2023 Heard learned counsel for the petitioners and the learned APP.

2 The petitioners apprehend arrest in Ayar PS Case No 24 of 2023 dated 25.11.2022 registered for the offence punishable under Sections 363, 366A, 504/34 of Indian Penal Code.

3 As per the prosecution case, the petitioners along with co-accused Shashwat Pratap kidnapped the daughter of the informant for the purpose of marriage.

4 Learned counsel for the petitioners submits that the victim, in her statement recorded under Section 164 of Cr P C, has stated that she, out of her own will, went to Delhi and no

Patna High Court CR. MISC. No.38196 of 2023(4) dt.04-09-2023 2/2 one kidnapped her. It is further submitted that petitioner No 1 is father and petitioner No 2 is mother of co-accused Shashwat Pratap.

5 Learned APP has vehemently opposed the prayer for anticipatory bail.

6 Considering the rival submissions and in view of the statement of victim recorded under Section 164 of Cr P C, in the event of arrest/surrender within a period of six weeks from today, the petitioners above named be enlarged on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VII, Ara, Bhojpur in Ayar PS Case No 24 of 2023 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) M.E.H./- U T