Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45677 of 2024 Arising Out of PS. Case No.-422 Year-2021 Thana- TARAIYA District- Saran ====================================================== 1.

Rajesh Kumar Singh Son Of Ramdev Singh R/O- Ardevan, P.S.- Taraiya, Distt.- Saran 2.

Brajesh Kumar Singh Son Of Ramdeo Singh R/O- Ardevan, P.S.- Taraiya, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Taraiya P.S Case No. 422/2021 dated 23.12.2021 registered for the offence punishable u/s 341, 323, 504, 366A/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the informant's sister from his house forcibly.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely

Patna High Court CR. MISC. No.45677 of 2024(2) dt.13-09-2024 2/3 been implicated in this case. The petitioners have one criminal antecedent in which they are on bail as stated in para 3 of the bail petition. The other co-accused person has already been granted bail by this court vide order dated 20.07.2023 passed in Cr. Misc. No. 43079/2023. As per Annexure-2, there is no evidence of sexual intercourse. Learned counsel has submitted that the petitioners are made accused in this case only because they are brother of the coaccused, Sonu Kumar Singh.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners by submitting that the victim is a minor girl.

6.

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 eight 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, Saran at Chapra in connection with Taraiya P.S. Case No. 422/2021, subject to conditions as laid down under Section 438(2) of the Code

Patna High Court CR. MISC. No.45677 of 2024(2) dt.13-09-2024 3/3 of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T