Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51676 of 2019 Arising Out of PS. Case No.-813 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Rahul Kumar S/o Tapendra Prasad Singh R/o village- Bhadas North, P.S.- Muffasil, District- Khagaria 2.

Roshan Kumar S/o Tapendra Prasad Singh R/o village- Bhadas North, P.S.- Muffasil, District- Khagaria 3.

Tapendra Prasad Singh S/o Late Lakhan Prasad Singh R/o village- Bhadas North, P.S.- Muffasil, District- Khagaria 4.

Suga Devi @ Sudha Devi W/o Tapendra Prasad Singh R/o village- Bhadas North, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Khagaria (Muffasil) P.S. Case No.813 of 2018, G.R. No.3275 of 2018, for the offence punishable under Section 366 of the Indian Penal Code.

The allegation against the petitioners, as mentioned in the FIR is that the petitioners abducted the daughter of the informant for illegal purposes.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case based on

Patna High Court CR. MISC. No.51676 of 2019(2) dt.19-08-2019 2/2 suspicion only. Learned counsel further submits that the statement of victim girl was recorded under Section 164 Cr.P.C. which is Annexure-2 and from perusal of the same, it would be evident that the victim girl has stated that she has voluntarily married with one Rahul Kumar, i.e., petitioner No.1. The petitioner No.2, 3 and 4 are the family members of Rahul Kumar.

After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the girl in her statement under Section 164 Cr.P.C. has not disclosed anything against these petitioners, as such, I am inclined to grant anticipatory bail to all the petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon 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, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

sanjeev/- (Anil Kumar Sinha, J) U T