Karan Dubey @ Karan Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.29166 of 2017 (3) dt.22-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29166 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Karan Dubey @ Karan Kumar, S/o Vijay Dubey

2. Butan Debey, S/o Late Chandrama Dubey, Both resident of VillageJalpurwa, P.S.- Goreakothi, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raju Prasad For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-08-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Goreya Kothi Police Station Case No. 32 of 2017, disclosing offences under Sections 363 and 366(A) of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, there was love affair between the daughter of the informant and the petitioner No.1 and both of them have performed marriage to each other, which is evident from annexure-2/1. Moreover, the victim in her statement recorded under Section 164 Cr.P.C. has

Patna High Court Cr.Misc. No.29166 of 2017 (3) dt.22-08-2017 specifically stated that she herself fled away with petitioner No.1 and solemnized marriage with her as her father, who happens to be informant in this case, wanted to marry her with an old married person, who is said to be a father of two children. Therefore, no specific case is made out against these petitioners. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Goreya Kothi Police Station Case No. 32 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T