Pradeep Singh @ Pradeep Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35677 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================

1. Pradeep Singh @ Pradeep Kumar Singh S/o Sri Yogendra Singh

2. Kavita Devi W/o Sri Pradeep Singh @ Pradeep Kumar Singh

3. Ravi Kumar Singh @ Ravi Singh S/o Sri Pradeep Singh @ Pradeep Kumar Singh All R/o Village- Baurana, P.S.- Gogri, District- Khagaria, at present House No- 1901/3, Gopal Bhawan, Room No.-09, Near Shiv Mandir Chowk, Rajeev Nagar, Gurgaon Haryana 122001. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Dubey For the Opposite Party/s : Mr. Yogendra Kr. Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-09-2016 Heard both sides.

The petitioners apprehend their arrest in Gogri P.S. case No. 66 of 2016 under Section 366A/34 of the Indian Penal Code.

The informant alleged that on 24.04.2016 at about 4 A.M. his minor daughter, the victim, went to attend the call of nature, while he was feeding his cow. Pradeep Singh @ Pradeep Kumar Singh and his wife Kavita Devi were sitting in a Bolero vehicle and Bhanu Singh and Ravi Kumar Singh forcibly kidnapped the victim and took her inside the vehicle. It is submitted that petitioner No.1 is father of Bhanu

Patna High Court Cr.Misc. No.35677 of 2016 (3) dt.29-09-2016 2/3 Singh, petitioner No.2 is mother of Bhanu Singh and petitioner No.3 is elder brother of Bhanu Singh. Petitioners No. 1 and 3 were present in Gurgaon on the date of occurrence. Petitioner No.1 had shown his presence in office through bio metric method. Petitioner No.3 was also present in Tech Raiders Pvt. Ltd. Gurgaon where he was working and a certificate to this effect had been issued by the company. Petitioner No.2 is mother of Bhanu Singh. Considering the fact that petitioners No. 1 and 2, who are father and mother of Bhanu Singh and they are not alleged to have kidnapped the victim and petitioner No.1 had shown his presence in the office on the date of occurrence through electronic method, the above named petitioners No.

1 and 2, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Brajesh Kumar, learned Judicial Magistrate, 1st class, Khagaria in Gogri P.S. Case No. 66 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far case of petitioner No.3, Ravi Kumar Singh, is concerned, the informant made specific allegation that Bhanu

Patna High Court Cr.Misc. No.35677 of 2016 (3) dt.29-09-2016 3/3 Singh and Ravi Kumar Singh dragged the victim inside the vehicle and kidnapped her. The victim is still traceless. The petitioner No.3 has not shown his presence through any electronic method. Considering the facts aforesaid and nature of allegation made against the petitioner No.3, I am not inclined to enlarge the petitioner No.3 on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T