Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6 of 2021 Arising Out of PS. Case No.-575 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

MUKESH KUMAR Son of Shri Binod Sahani 2.

Brajesh Kumar Son of Shri Binod Sahani 3.

Binod Sahani Son of Late Baldeo Sahani All are Resident of Village - Chajjan Bishunpur, Police Station - Kudhani, O.P. - Turki, District - Muzaffarpur. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Dhirendra Pratap Singh, Adv For the Informant : Mr. Sanjay Kumar, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 365, 366, 506, 34 of the Indian Penal Code.

Though the victim in her statement under Section 164 Cr.P.C. has alleged her kidnapping by force but she has not named the kidnappers. Petitioners are co-villager. Submission is that in fact the wife of the informant had left voluntarily her house alongwith co-accused-Sukesh might be due to some affairs between the two, and petitioners, who are family members, have been falsely implicated in this case.

Patna High Court CR. MISC. No.6 of 2021(3) dt.16-12-2021 2/2 Learned counsel for the informant opposed the prayer for bail.

Considering submission aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kudhani P.S.Case No.575 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T