Bittu Kumar @ Mukesh Singh @ Mukesh Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24138 of 2017 Arising Out of PS.Case No. -169 Year- 2015 Thana -BASANTPUR District- SIWAN ======================================================
1. Bittu Kumar @ Mukesh Singh @ Mukesh Kumar Singh.
2. Vikash Kumar Singh @ Vikash Kumar, Both son of Rajnath Singh @ Rajnath Singh.
3. Roshan Kumar Singh @ Raushan Singh Son of Dinanath Singh. All are Resident of Village- Shipha Tola, P.S. Basantpur, District Siwan. .... Petitioners
Versus
1. The State of Bihar .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Jeetendra Narayan, Adv. For the Opposite Party : Mr. Atul Chandra, APP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2017 Heard the learned counsel for the petitioners and the State.
This is a petition for grant of anticipatory bail for offence under Sections 364 and 364A of the Indian Penal Code. The petitioners are agnates of the informant. There is allegation of commission of kidnapping of Madhu Kumari, aged about nine years, the daughter of the informant. The first information report discloses that the petitioners assured to return the victim-girl, if the informant would not effect the transfer of the land.
Submission of the learned counsel for the petitioners is that there is land dispute between the parties and for that reason the false allegation is there, which has been supported by the victim-girl also in her statement under Section 164 of the Criminal Procedure Code. Further, submission is that during investigation it revealed that the victim was never out of track. She was attending school and had received school dress and scholarship from school during the alleged period of her
Patna High Court Cr.Misc. No.24138 of 2017 (2) dt.05-07-2017 2/2 abduction/kidnapping.
Considering the submission, aforesaid, let the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each in connection with Basantpur P.S. Case No. 169 of 2015 to the satisfaction of the Chief Judicial Magistrate, Siwan, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √