Raja Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.53996 of 2016 (3) dt.27-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53996 of 2016 Arising Out of PS.Case No. -119 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raja Kumar

2. Rupak Kumar@ Rupak, both S/o Shri Singh both R/o Paharpur, P.S. Gajipur, Distt- Shivahar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate. For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Madhuban P.S. Case No. 119 of 2016 registered under Sections 363, 366 and 366(A)/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Motihari, East Champaran.

The accusation is of kidnapping of minor daughter of informant by the petitioners and one Bikki Kumar. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to ulterior motive, in fact, on the date of occurrence, both petitioners were

Patna High Court Cr.Misc. No.53996 of 2016 (3) dt.27-01-2017 not present in the village as they had gone to attend the marriage ceremony of their brother, Rupak Singh on 29.04.2016. Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T