Minku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39908 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- BHEJA District- Madhubani ====================================================== 1.

Minku Singh, Son of Late Ram Narain Singh, Resident of Village - Bhawanipur, P.S.- Bheja, District - Madhubani 2.

Dhirendra Singh, Son of Late Rajendra Prasad Singh, Resident of Village - Bhawanipur, P.S.- Bheja, District - Madhubani 3.

Birendra Singh, Son of Late Rajendra Prasad Singh, Resident of Village - Bhawanipur, P.S.- Bheja, District - Madhubani 4.

Surendra Prasad Singh, Son of Late Rajendra Prasad Singh, Resident of Village - Bhawanipur, P.S.- Bheja, District - Madhubani ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2019 This is an application for grant of anticipatory bail in connection with Bheja P.S. Case No.28 of 2019, disclosing offences under Sections 363, 366A, 34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor daughter of the informant and he suspects the hands of the petitioners for that. The victim in her statement under Section 164 of Cr.P.C. named the petitioners. Submission of the learned counsel for the petitioners is that even according to the statement under Section 164 of Cr.P.C. the allegation of kidnapping is against other accused

Patna High Court CR. MISC. No.39908 of 2019(2) dt.28-06-2019 2/2 persons and though they have been named in the statement under Section 164 of Cr.P.C., no allegation of kidnapping against them, rather the allegation is that she was kept with them after she was brought to Darbhanga and petitioners are brother of co-accused Birendra Singh. It has also been submitted that medical report shows that her age was assessed as 19 years. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, 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 A.C.J.M.-III, Jhanjharpur, in connection with Bheja P.s. Case No. 28 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that they will not try to temper with the evidence and co-operate with the trial.

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