Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54893 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== 1.

SAROJ KUMAR S/O- SHANKAR RAI @ SHIV SHANKAR RAI R/OVILLAGE- PANAPUR KHUSHIYARI, P.S.- BIDUPUR IN THE DIST. OF VAISHALI 2.

SHEELA DEVI W/O- SHANKAR RAI @ SHIV SHANKAR RAI R/OVILLAGE- PANAPUR KHUSHIYARI, P.S.- BIDUPUR IN THE DIST. OF VAISHALI 3.

SHANKAR RAI @ SHIV SHANKAR RAI S/O- LATE LAKHAN RAI R/O- VILLAGE- PANAPUR KHUSHIYARI, P.S.- BIDUPUR IN THE DIST. OF VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2023 Heard Mr. Ranjeet Kumar, learned counsel for the petitioners and Mr. Laxmi Kant Sharma, learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Bidupur PS Case No. 212/2023 dated 03.04.2023 registered for the offence punishable under Sections 366/34 of the IPC.

3. As per First Information Report, the petitioners along with other accused persons abducted the daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.54893 of 2023(2) dt.30-08-2023 2/3

4. Learned counsel for the petitioners submits that the victim is major and was having love affair with the coaccused, Sunil Kumar. He further submits that the co-accused, Sunil Kumar is not in contact with the petitioners and other family members and it appears that he might have eloped with the victim for the purpose of performing marriage. It is next submitted that the petitioners have got no criminal antecedent. From perusal of the FIR, it appears that the informant's maternal grand daughter was kidnapped for the purpose of marriage.

5. Regards being had to the submissions made by the parties, taking into consideration the fact that the petitioners are own kith and kin of Sunil Kumar with whom the victim girl was having relationship and the entire family members of the petitioners have been made accused, I am inclined to grant anticipatory bail to the petitioners.

6. Accordingly, let the petitioners, named above, in the event of arrest or surrender within six 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, Vaishal at Hajipur in connection with Bidupur PS Case No. 212/2023, subject to the condition as laid down under

Patna High Court CR. MISC. No.54893 of 2023(2) dt.30-08-2023 3/3 Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T