Madan Saha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42206 of 2024 Arising Out of PS. Case No.-105 Year-2023 Thana- MEHANDIGANJ District- Patna ====================================================== 1.

MADAN SAHA SON OF FAKIRA SAH RESIDENT OF BISHUNPUR, P.S. - KOCHADHAMAN, DISTRICT - KISHANGANJ 2.

DHANRAJ KUMAR SON OF SUKHDEO LAL RESIDENT OF WARD NO.64, MAHARAJ KI DEODHI, P.S. - MEHANDIGANJ, DISTRICT - PATNA 3.

RITU DEVI @ RINKU DEVI WIFE OF DHANRAJ KUMAR RESIDENT OF WARD NO.64, MAHARAJ KI DEODHI, P.S. - MEHANDIGANJ, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar For the Opposite Party/s :

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel appearing on behalf of the informant Mr. Deepankar Raj submits that he has received the Vakalatnama and he will be filing it today.

3. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code.

4. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant with an

Patna High Court CR. MISC. No.42206 of 2024(2) dt.30-07-2024 2/3 allegation that petitioners along with other accused persons kidnapped his minor daughter aged about 17 years. The learned counsel submits that the victim was in love with Deepak Kumar and the petitioners are father, brother-in-law and sister of Deepak respectively, as such, they have been implicated in the instant case. It is also submitted that though the informant in the F.I.R. alleges that the victim was 17 years of age but then victim is a major and even presuming what has been alleged is true without admitting, in that event, victim had reached the age of discretion, where she was capable of understanding the consequences of her act.

5. Learned counsel appearing on behalf of the informant submits that he has instruction of the informant not to oppose the anticipatory bail application of the petitioners.

6. Considering the submissions made by the learned counsel appearing on behalf of the informant, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with

Patna High Court CR. MISC. No.42206 of 2024(2) dt.30-07-2024 3/3 Mehandiganj P.S. Case No.105/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T