Babhikhan Choudhary @ Bhikham Singh @ Bhabhikha Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41731 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- NOKHA District- Rohtas ====================================================== 1.

BABHIKHAN CHOUDHARY @ BHIKHAM SINGH @ BHABHIKHA CHOUDHARY Son of Late Baldeo Choudhary @ Baladev Singh Resident of Village- Raghunathpur, Police Station- Nokha, District- Rohtas at Sasaram.

2.

Maya Devi Wife of Babhikhan Choudhary @ Bhikham singh Resident of Village- Raghunathpur, Police Station- Nokha, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2019 Heard both sides.

The petitioners apprehend their arrest in Nokha P.S. case No. 297 of 2018 registered under Section 366A, 506/34 of the IPC.

The mother of the victim alleged that Guddu Choudhary, Bhabhikha Choudhry, petitioner No.1, Maya Devi, petitioner No.2, Arun Choudhary and Mina Devi kidnapped her minor daughter.

The learned counsel for the petitioners submits that petitioners are father and mother of Guddu Choudhary. The informant named the petitioners on mere suspicion. The victim made her statement u/s 164 of the Cr. P. C. and she disclosed

Patna High Court CR. MISC. No.41731 of 2019(4) dt.30-09-2019 2/2 that she herself left her house and went to Punjab along with Guddu Choudhary. The victim did not disclose even the name of petitioners nor she made any sort of allegation against them. It appears from perusal of the statement of victim that, of course, the victim is minor but she voluntarily left her house and went to Ludhiana along with Guddu Choudhary. The petitioners have no role in the kidnapping of the victim. Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs.

10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nokha P.S. case No. 297 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T