Balkishun @ Baleshwer Kamat @ Balkishan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38120 of 2019 Arising Out of PS. Case No.-136 Year-2016 Thana- KISHUNPUR District- Supaul ====================================================== 1.

Balkishun @ Baleshwer Kamat @ Balkishan, Son of Ramji Kamat, Resident of Village - Fasiya, P.S.- Pipra, Dist.- Supaul 2.

Manisha Kumari, D/o balkishun @ Baleshwer Kamat, Resident of Village - Fasiya, P.S.- Pipra, Dist.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 This is an application for grant of anticipatory bail in connection with Kisanpur P. S. Case No. 136 of 2016, disclosing offences under Sections 364 and 120B of IPC.

There is allegation against son of the informant that he has gone to School along with Rs.300/- for registration, but he has not returned and thereafter, on 13.10.2015 he lodged an information in that connection. It has also been alleged that her son had love affair with one Manisha Kumari, who is daughter of the petitioner no.1 and as such, he suspected that petitioners in collusion with one Sanoj Kamat has kidnapped his son and killed him. It has also been submitted that Sanoj Kamat has taken his son and thereafter, he is traceless. Submission of the learned counsel for the petitioners

Patna High Court CR. MISC. No.38120 of 2019(4) dt.06-09-2019 2/3 is that they have made accused only because the son of the deceased has love affair with the daughter of the petitioner no.2 and no other materials has come against these petitioners, whereas materials collected during the investigation disclosed that he was last seen with Sanoj Kamat.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail but admitted this fact whatever materials has come that is against Sanoj Kamat, who is nephew of petitioner no.1 and except that there is nothing against these petitioners, in the case diary received.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, surrender before the court below within 02 weeks, from the date of receipt of certified copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned C.J.M., Supaul, in connection with Kisanpur P. S. Case No. 136 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that they have to co-operate the police during the course of investigation, if the serious incriminating materials comes against the petitioners, the

Patna High Court CR. MISC. No.38120 of 2019(4) dt.06-09-2019 3/3 prosecution is at liberty to move for cancellation of their bail bonds before the court below.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T