Nitesh Kumar @ Bablu And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.24981 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24981 of 2017 Arising Out of PS.Case No. -28 Year- 2014 Thana -MALI District- AURANGABAD ======================================================

1. Nitesh Kumar @ Bablu Son of Mritunjay Singh, Resident of VillageSatar, P.S. Mali, District- Aurangabad.

2. Anil Kumar Singh @ Anil Kumar @ Anil Singh Son of Late Bhuneshwar Singh, Resident of Village- Kamat, P.S.- Madanpur, District- Auranagabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Mali P.S. Case No. 28 of 2014 registered for the offences punishable under Sections 120B, 366A, 504, 506/34 of the Indian Penal Code.

The petitioners along with Ritesh Kumar are named in the first information report with allegation to have kidnapped the daughter of the informant. During investigation the statement of victim girl was recorded who has stated that accused persons did not commit any forceful act with her. The Police after completing investigation did not sent-up the petitioners for trial and only chargesheet has been submitted against co-accused Ritesh Kumar

Patna High Court Cr.Misc. No.24981 of 2017 (2) dt.14-07-2017 and as such the petitioners deserve sympathetic consideration. Learned APP submits that cognizance has also been taken against the petitioners.

In the facts and circumstances stated above, considering that petitioners were not sent-up for trial, the petitioners above named, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of 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, Aurangabad in connection with Mali P.S. Case No. 28 of 2014, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T