Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 40706 of 2019 Arising Out of PS. Case No.-249 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== 1.
RAHUL KUMAR 2.
Shyam Sundar @ Shyam Sunder Keshri 3.
Sharawan Kumar @ Sharwan Kumar Keshri All sons of Sri Girja Keshari @ Girija Prasad keshari, Resident of Mohalla - Ram Das Path Gali Back of Bhana Mill, Mithanpur, B-Area, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Ranjan For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-07-2019 The petitioners apprehend their arrest in connection with Jakkanpur P.S.Case No. 249 of 2019 registered under Sections 363 and 366A/34 of the Indian Penal Code.
Allegation against the petitioners in the FIR based upon the information given by the brother of the victim girl is that his sister Puja Kumari, aged about 17 years, was abducted by one Ravish Kumar @ Ravi and when informant went at the residence of accused persons, these petitioners abused the informant with filthy languages.
Learned counsel for the petitioners submits that allegation against the petitioners are completely false and concocted and further submits that these petitioners are the brother of Ravish
Patna High Court CR. MISC. No. 40706 of 2019(2) dt.02-07-2019 2/3 Kumar with whom victim girl had fallen in love and ultimately, married with the brother of these petitioners, namely, Ravish Kumar. Learned counsel referred to Annexure-2 which is a marriage certificate of the victim girl with Ravish Kumar. He submits that Puja Kumari has been recovered and she has recorded her statement under Section 164 Cr.P.C. before the learned Magistrate, though her statement under Section 164 Cr.P.C. has not been attached with the bail application, however, learned counsel has produced the certified copy of the same before this Court, which is kept on record. From perusal of the same, it appears that the victim girl has categorically stated that she has got married with Ravish Kumar on 05.09.2018 at the Registry Office, Patna and wants to live with her husband Ravish Kumar.
After having heard learned counsel for the parties and upon perusal of Annexure-2 i.e., the marriage certificate, the statement of the victim girl and taken into consideration the fact that the petitioners are brother of Ravish Kumar and from perusal of FIR, apparently, no allegation of serious nature has been levelled against petitioners, accordingly, I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, abovenamed, in the event of arrest or surrender before the court
Patna High Court CR. MISC. No. 40706 of 2019(2) dt.02-07-2019 3/3 below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM-Cum-Sub Judge1st, Patna in connection with Jakkanpur P.S.Case No. 249 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T