Chandan Kumar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3241 of 2016 Arising Out of PS.Case No. -126 Year- 2015 Thana -KAKO District- JEHANABAD ======================================================

1. Chandan Kumar Son of Ramayan Paswan,

2. Pavan Kumar, Son of Bhola Choudhary,

3. Mithun Kumar, Son of Ram Nandan Paswan, All resident of village - Barauhna, P.S. - Kako, District - Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. Indra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-01-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The accusation is of kidnapping the minor daughter of the informant by a tutor co accused Nitish Das. In 164 Cr.P.C. statement the victim got her age recorded as 12 years and the court assessed her age as such where she stated that Nitish Das took the victim to Jehanabad for purchase of clothes but in the car petitioner Pavan and the driver were there. After Jehanabad the victim was taken to Gaya and apart from Nitish, petitioners were also there. It is alleged that the petitioners got railway ticket and

Patna High Court Cr.Misc. No.3241 of 2016 (2) dt.20-01-2016 2/2 gave it to Nitish and again Nitish took the victim to some different place. After sixteen days of the occurrence the father of the victim brought her from the custody of Nitish.

Considering the thrust of accusation against co accused Nitish Das against whom also no misbehaviour has been alleged and the victim of her own went in the company of Nitish coupled with the statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Jehanabad in connection with Kako P.S. Case No.126 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T