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Patna High CourtCR. MISC./49398/2022allowed

Deepak Kumar v. The State Of Bihar

2023-01-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49398 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- NAWADA District- Nawada ====================================================== 1.

DEEPAK KUMAR Son of Ramjivan Singh Resident of Village - Prasad Bigha, P.s.- Nagar, Distt.- Nawada.

2.

Gaitri Devi W/o Deepak Kumar Resident of Village - Prasad Bigha, P.s.- Nagar, Distt.- Nawada.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363 & 365 of the Indian Penal Code.

The petitioners in association of other co-accused is said to have kidnapped the informant with an oblique motive. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal

Patna High Court CR. MISC. No.49398 of 2022(4) dt.30-01-2023 2/2 antecedent as mentioned in para-3 of this application. Vide order dated 08.12.2022 case diary was called for in this case, which has been received. I have perused the statement of the victim recorded under Section 164 Cr.P.C. in which she has clearly stated that she eloped with Kundan Kumar Singh and solemnized marriage with him. Petitioners are parent of said Kundan Kumar Singh.

Having regard to the facts and circumstances of the case and the statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nawada Town P.S. Case No.79 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T