Nawal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50799 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- LAURIA District- West Champaran ====================================================== 1.

NAWAL CHOUDHARY Son of Narsingh Choudhary Resident of SakinBaghlochna, P.S.-Lauria, District-West Champaran. 2.

Kawal Choudhary Son of Narsingh Choudhary Resident of SakinBaghlochna, P.S.-Lauria, District-West Champaran. 3.

Narsingh Choudhary Son of Late Devnath Choudhary Resident of SakinBaghlochna, P.S.-Lauria, District-West Champaran. 4.

Jhali Devi Wife of Narsingh Choudhary Resident of Sakin-Baghlochna, P.S.- Lauria, District-West Champaran.

5.

Upendra Choudhary @ Upendra Mahto Son-in-law of Narsingh Choudhary, S/o. Rameshwar Choudhary Resident of Sakin-Sofwa, P.S.-Sahodara, District-West Champaran.

6.

Ashmi Devi Wife of Upendra Choudhary @ Upendra Mahto Resident of Sakin-Sofwa, P.S.-Sahodara, District-West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2019 Heard learned counsel for the parties.

At the very outset, submission of the learned counsel for the petitioners is that the petitioner no.2 (Kawal Choudhary) has been arrested during the pendency of this application. In view of the above, the application with respect to petitioner no.2 stands dismissed as withdrawn. So far petitioner nos. 1, 3 and 4 to 6, above named are concerned, they are apprehending their arrest in connection with Lauria P.S.Case No.59 of 2019 , registered for offences punishable under Sections 366/34 of the Indian Penal Code. Prosecution story is that the petitioners and other accused persons kidnapped the married daughter of the informant and

Patna High Court CR. MISC. No.50799 of 2019(2) dt.16-08-2019 2/2 she is still traceless.

Submission of the learned counsel for the petitioners is that the girl has been recovered and in her statement recorded under Section 164 Cr.P.C. she has disclosed the allegation against Bhawal, Pramod and Vijay and not against these petitioners.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner nos.1, 3 and 4 to 6 , above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJMIst, West Champaran, Bettiah in connection with Lauria P.S.Case No.59 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T