Sushil Kramkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.817 of 2021 Arising Out of PS. Case No.-1 Year-2020 Thana- AMDABAD District- Katihar ====================================================== 1.

Sushil Kramkar, aged about 48 years (M), Son Of Late Haricharan Kramakar, Resident Of Village - Naya Tola, Govindpur, P. S. - Amdabad, District - Katihar.

2.

Jyanti Devi, aged about 46 years (F), W/O Sushil Kramakar, Resident Of Village - Naya Tola , Govindpur, P.S. - Amdabad, District - Katihar. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Harish Chandra Patel, Advocate.

For the Opposite Party :

Mr. Nityanand Tiwari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 363, 366(A), 379 and 120(B)/34 of the I.P.C.

The prosecution story, in brief, is that on 30.12.2019, the minor daughter of the informant, namely, Isha Kumari, aged about 16 years, went to market from where co-accused Raju Karmakar kidnapped his daughter as she taken away the cash of

Patna High Court CR. MISC. No.817 of 2021(2) dt.08-07-2021 2/3 Rs. 50,000/- from the house. It has been alleged that the accused persons named in the F.I.R. with a conspiracy kidnapped the daughter of the informant.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The victim has been recovered and her statement under Section 164 of Cr.P.C. has been recorded. She has admitted that she was in love with the son of petitioners and she got married with the son of petitioners. The said statement is Annexure-2 to the present application.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned J.M. Ist Class, Katihar, in connection with Amdabad P.S. Case No. 01/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.817 of 2021(2) dt.08-07-2021 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T