Pawan Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53587 of 2015 Arising Out of PS.Case No. -75 Year- 2014 Thana -PASRAHA District- KHAGARIA ======================================================
1. Pawan Singh Son of Nago Singh,
2. Bihari Singh, Son of Nago Singh, 1 and 2 are resident of village - Sahora Gatti, P.S. Rangra Chowk, District - Bhagalpur.
3. Shyam Singh, Son of Late Bhagwan Singh,
4. Neelam Devi, Wife of Sri Shyam Singh,
5. Raj Kumar, Son of Sri Shyam Singh,
6. Binod Singh, Son of Late Bhagwan Singh, 3 to 6 are resident of village - Harnachak, P.S. - Gopalpur, District - Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Subodh Singh, Son of Late Jaldhari Singh, Resident of Village - Kharauna, P.S. - Pasraha, District - Khagaria. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Choudhary For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-11-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 366(A), 366(B), 34 of the Indian Penal Code. The accusation is of kidnapping the minor daughter of the informant.
It is submitted by learned counsel for the petitioners that victim in her 164 Cr.P.C statement got her age recorded as 20 years when the Court assessed as 18 years, where she stated that she of her own has married with coaccused Mithilesh Singh and has given birth to a child. The petitioners have been roped in simply because they happen to
Patna High Court Cr.Misc. No.53587 of 2015 (2) dt.24-11-2015 2/2 be the family members of co-accused Mithilesh Singh. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the 164 Cr.P.C statement of the victim, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Pasraha P.S. Case No. 75 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T