Upendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46742 of 2018 Arising Out of PS.Case No. -417 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Upendra Singh, Son of Chandar Singh.

2. Sikandar Singh, Son of Upendra Singh @ Sikendar Singh, Both resident of Village- Mohra Ghat Paras, Puari Tola, P.S.- Alauli, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr.A.K.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2018 Heard the parties.

Petitioners are apprehending their arrest in Alauli P.S.Case No.417 of 2017, G.R.No.3702/17 registered for the offences under Sections 363, 380 of I.P.C.

Allegation against the petitioners is of kidnapping daughter of the informant and the girl is still traceless. Submission of the learned counsel for the petitioners is that the main allegation is against co-accused Manish Kumar who happens to be son of petitioner no.1 and brother of petitioner no.2. Further submission is that the daughter of the informant has fallen in love with Manish Kumar and after solemnizing marriage they are leading conjugal life happily. The petitioners have falsely been implicated in this case and the other co-accused having similar

Patna High Court Cr.Misc. No.46742 of 2018 (2) dt.13-08-2018 2/2 allegation have been extended privilege of anticipatory bail vide order dated 28.06.2018 passed in Cr.Misc.No.29512 of 2018 which will appear from Annexure-2 to this petition. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of C.J.M.,Khagaria, in Alauli P.S. Case No.417 of 2017, G.R.3702/17 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioners will not induce any witness or tamper with the evidence and the petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) AnilKrSinha/- U