Kanhaiya Singh @ Kanhaiya Kumar And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57443 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================
1. Kanhaiya Singh @ Kanhaiya Kumar son of Sahja Nand Singh
2. Budhan Khan son of Mina Khan Both are residents of village - Kebali, P.S. - Sono, District - Jamui.
3. Bikash Singh @ Bilash Kumar son of Nageshwar Singh null
4. Bulu Singh @ Babu Singh son of Jitendra Singh
5. Chandan Singh @ Chandan Kumar son of Garib Singh
6. Ramdeo Singh @ Ramdeo Kumar Singh son of Late Mishri Singh All residents of village - Tihia, Police Station - Khaira, District - Jamui. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Raj Kumar, Advocate For the Opposite Party : Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2016 Heard learned counsel for the petitioner no.1 and petitioner nos.3 to 7 and learned counsel for the State. Petitioner no.2 Budhan Khan has already been granted bail by this Court vide order dated 04.01.2016. The petitioners are apprehending their arrest in connection with Khaira P.S. Case No. 52 of 2015 pending in the Court of CJM, Jamui for the offences instituted under Sections 364, 365 and 34 of the Indian Penal Code.
As per the prosecution case that on 08.03.2015 the informant's son was present in the house and in the meantime petitioner came to her house called her son and asked about coal
because her son has business of coal and her son came to rod she saw that other co-accused persons came on Tata Sumo without number and driver of the vehicle was sitting on the steering and they forcibly took her son on the vehicle on the point of pistol and fled away towards Sono and the informant cry, villagers gathered there and went for search but her son could not be traced out and the accused persons demand rupees one lack, otherwise the son of the informant would be murdered.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have falsely been implicated in the present case. From perusal of the statement of the victim before the police, it is evident that the victim was abducted for performing the forceful marriage with the sister-in-law of one Ramdeo Singh.
On behalf of the State, it has been submitted that there is a direct allegation of abduction against the petitioners and the victim in his statement before the police has admitted the abduction as alleged in the FIR.
Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioners on anticipatory bail, the same is rejected.
Anyhow, if the petitioners surrender in the court below
within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order and if possible the same may be disposed of on the same day.
(Sudhir Singh, J) B.Kr./- U T