Chandeshwar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54766 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- BELA District- Sitamarhi ====================================================== 1.
CHANDESHWAR RAM SON OF MITHTHU RAM R/O VILLAGESIRSIYA, P.S.- BELA, DIST.- SITAMARHI 2.
SANJIVAN RAM SON OF CHANDESHWAR RAM R/O VILLAGESIRSIYA, P.S.- BELA, DIST.- SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate Smt. Divya Bharti, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366(A), 341, 323, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that her minor daughter had gone to collect food for cattle and when she did not return after lapse of several hours search was made and thereafter the informant came to know that the accused persons including the petitioner no. 2 had kidnapped his daughter.
Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.54766 of 2021(3) dt.05-07-2022 2/2 petitioner no. 1 is not named in the FIR nor there is even any remote suspicion raised against him by the informant in the FIR. It is next submitted that the victim has returned and her statement has been recorded under Section 164 Cr.P.C. Learned counsel submits that though he does not have a copy of the statement recorded under Section 164 Cr.P.C. but he has instruction to submit that the victim has not supported the prosecution case. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, 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.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bela P.S. Case No. 106 of 2021, subject to the conditions as laid down under Section 438
(2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T