Ujjawal Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36748 of 2018 Arising Out of PS.Case No. -35 Year- 2017 Thana -NARHAT District- NAWADA ======================================================

1. Ujjawal Kumar, S/o Arun Rajvanshi,

2. Sita Devi W/o Arun Rajvanshi,

3. Subodh Kumar S/o Jagdish Rajvanshi, All R/o Vill.- Fulwariya, P.S.- Hisua, District- Nawada.

4. Mahesh Rajvanshi S/o Lakhan Rajvanshi,

5. Rekha Devi W/o Mahesh Rajvanshi, Both R/o Vill./Mohalla- Panditpur, P.S.- Rajgir, District- Nalanda.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Narhat P.S.Case No. 35 of 2017 registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code. Allegation against the petitioners is of kidnapping of minor daughter of the informant.

Submission of learned counsel for the petitioners is that petitioners are not named in the FIR and their names transpired in the statement of victim girl under Section 164 Cr.P.C. that they have also participated in kidnapping of victim. Further submission is that as a matter of fact there was love affair between the victim

Patna High Court Cr.Misc. No.36748 of 2018 (3) dt.16-08-2018 2/2 girl and accused Vikash Kumar and moreover similarly situated co-accused has been granted privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 9.11.2017 passed in Cr.Misc.No. 52732 of 2017.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Nawada, in connection with Narhat P.S.Case No. 35 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U