Patna High CourtCR. MISC./7004/2016disposed

Dilip Kumar @ Dilip Choudhary And ANR v. The State Of Bihar

2016-02-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7004 of 2016 Arising Out of PS.Case No. -158 Year- 2015 Thana -SAHPUR District- PATNA ======================================================

1. Dilip Kumar @ Dilip Choudhary

2. Guddu Kumar @ Om Prakash Chaudhary Both sons of Gainu Chaudhary @ Devendra Chaudhary Both residents of village - Sarari Khadalpura, P.S. - Shahpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Garg For the State : Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Section 370 of the Indian Penal Code.

The prosecution case is that the minor daughter and niece of the informant namely Priyanka Kumari and Priti Kumari went missing on 24.09.2015 leading to registration of the First Information Report against unknown. During investigation, in 164 Cr.P.C statement of the victim the name of the petitioners sprang up as the persons who established forceful physical relationship with the victims. It is submitted by learned counsel for the petitioners that informant and the victim have retracted from the initial version and filed a petition to that effect before learned Court below.

Patna High Court Cr.Misc. No.7004 of 2016 (2) dt.16-02-2016 2/2 A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioners surrender within a period of six weeks in connection with Shahpur P.S. Case No. 158 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Danapur, Patna. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T