Smt. Rachna Prakash And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70592 of 2018 Arising Out of PS. Case No.-791 Year-2018 Thana- SAHARSA District- Saharsa ======================================================

1. Smt. Rachna Prakash,Wife of Lalit Yadav

2. Lalit Yadav @ Lalit Kumar, Son of late Khushi Lal Prasad Yadav Both are Resident of Village- Barrahi, Siradipatti, P.S. and District Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 363 and 365 of the Indian Penal Code. The prosecution case, in short, is that the accused persons have kidnapped the wife of the informant for securing her vote in the no confidence motion.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case for political reason. The petitioner no. 1 is the Prakhand Pramukh and petitioner no. 2 is his husband. The

Patna High Court Cr.Misc. No.70592 of 2018(3) dt.05-02-2019 2/2 victim has already been recovered. Her statement has been recorded in which she has denied the allegation made in the F.I.R. The matter has already been compromised between the parties vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 791 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T