Chandan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48411 of 2016 Arising Out of PS.Case No. -121 Year- 2016 Thana -KURTHA District- JEHANABAD ======================================================

1. Chandan Kumar Son of Ram Govind Singh

2. Ram Govind Singh Son of late Tegan Singh Both are Resident of Village-Vaidbigha, Police Station-Kurtha, DistrictArwal .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-12-2016 Heard the learned counsel for the petitioners and the learned A.P.P. representing the State.

The petitioners seek anticipatory bail in connection with Kurtha P.S. Case No. 121 of 2016 registered for the offences punishable under Sections 366A, 504 and 506/34 of the Indian Penal Code.

Allegedly, the daughter of the informant was kidnapped by Akshay Kumar with an intention to marry with her and in that act, petitioner No. 1, namely, Chandan Kumar, has assisted him and earlier co-accused Ramanuj Singh and petitioner No. 2, namely, Ram Govind Singh, have assured that the girl will come after some days, but again, when the informant asked them then, they abused and became adamant to

Patna High Court Cr.Misc. No.48411 of 2016 (2) dt.16-12-2016 2/2 assault him and further caused threats that Akshay Kumar will marry with her.

Submission is of false implication and that Ramanuj Singh, father of Akshay Kumar has been allowed prearrest bail by the learned Sessions Judge, whereas the prayer of pre-arrest bail of the petitioners have been rejected by the learned Additional Sessions Judge, 1st, Jehanabad. The petitioners have no concerned with Akshay Kumar and, as such, the petitioners deserve sympathetic consideration. Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering that the specific allegation is against Akshay Kumar and not against the petitioners and, as such, the petitioners in case of their arrest or surrender before the court below within one month from the date of receipt / production of a copy of this order shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Kurtha P.S. Case No. 121 of 2016, subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) ajaypd./- U T