Patna High CourtCR. MISC./53989/2024bail granted

Umesh Das v. The State Of Bihar

2024-09-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53989 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== 1.

UMESH DAS S/O RAJU DAS R/O Vill- Mahuliyatand, P.S- Kawakole, Dist- Nawada.

RAJU DAS S/O LATE HARO DAS R/O Vill- Mahuliyatand, P.SKawakole, Dist- Nawada. 3.

SONIYA DEVI W/O RAJU DAS R/O Vill- Mahuliyatand, P.S- Kawakole, Dist- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Kawakole P.S. Case No. 169 of 2024 for the offences registered under Sections 363, 366A and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that Rupesh Kumar fled with his daughter, further in a Panchayati, father of Rupesh Kumar accepted that both had eloped.

Patna High Court CR. MISC. No.53989 of 2024(4) dt.11-09-2024 2/2

4. Learned counsel for the petitioners submitted that petitioners have been falsely implicated in the instant case being brother, father and mother of Rupesh Kumar. It is also submitted that the victim has come back and her statement was recorded under Section 164 Cr.P.C. wherein she has not supported the case of the prosecution.

5. Learned APP for the State opposes but then fairly submits that the victim has not supported the case of the prosecution in her statement recorded under Section 164 Cr.P.C.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioners, let the petitioners, in the event of their arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of Judicial Magistrate-1st Class, Nawada in connection with Kawakole P.S. Case No. 169 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) Jagdish/RajU T