Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3960 of 2021 Arising Out of PS. Case No.-43 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== 1.

DIPAK KUMAR, SON OF CHOTE LAL DHANGAR, RESIDENT OF VILLAGE - AMBEDKAR NAGAR, P.S.- CHAKIYA, DISTRICT- EAST CHAMPARAN.

2.

SURAJ MAHTO, SON OF CHOTE LAL DHANGAR, RESIDENT OF VILLAGE - AMBEDKAR NAGAR, P.S.- CHAKIYA, DISTRICT- EAST CHAMPARAN.

3.

TUNNU KUMAR @ RAHUL @ RAHUL KUMAR, SON OF BALCHAND DHANGAR RESIDENT OF VILLAGE - AMBEDKAR NAGAR, P.S.- CHAKIYA, DISTRICT- EAST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-03-2021 Heard Mr. Sanjay Kumar Mishra, learned Counsel for the petitioners and Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of regular bail, arises out of Chakiya Police Station Case No. 43 of 2018, disclosing offences under Sections 363, 366A of the Indian Penal Code wherein chargesheet has been submitted under Section 363, 366, 379/34 of the IPC.

This is second attempt for bail on behalf of the

Patna High Court CR. MISC. No.3960 of 2021(2) dt.19-03-2021 2/3 petitioners inasmuch as earlier the bail application of the petitioners was rejected by a Coordinate Bench of this Court vide order dated 20.02.2020 passed in Cr. Misc. No.3823 of 2020 with liberty to the petitioners to renew their prayer for bail after framing of charge.

The allegation against the petitioners is that the petitioners kidnapped the daughter of the informant and forcibly took her on bolero vehicle for the purpose of marriage. Learned counsel for the petitioners submits that the charges have been framed against the petitioners on 15.10.2020 and the marriage of the victim girl has been solemnized and she has been leading happy matrimonial life.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioners are in custody since 15.11.2019 and the charges against them have already been framed, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner No.1, Dipak Kumar, petitioner No.2, Suraj Mahto and petitioner No.3, Tunnu Kumar, 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 3rd Additional Sessions Judge, Motihari,

Patna High Court CR. MISC. No.3960 of 2021(2) dt.19-03-2021 3/3 East Chaparan in S. Trial No.151 of 2020, arising out of Chakiya Police Station Case No. 43 of 2018.

It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) sanjeev/- U T