Neeraj Rajak And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30221 of 2016 Arising Out of PS.Case No. -158 Year- 2014 Thana -ALAULI District- KHAGARIA ======================================================
1. Neeraj Rajak Son of Shri Krishna Rajak
2. Ashok Yadav Son of Late Shambhu Yadav Both are residents of VillageLariyona, Police Station Nav-Kothi, District- Begusarai.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2016 Heard both sides.
The petitioners apprehend their arrest in Alauli P.S. case No. 158 of 2014 under Section 366A, 367, 376/34 of the Indian Penal Code.
The informant named the petitioner No.1 and other accused persons and alleged that they all kidnapped his minor daughter.
It is submitted that the victim made her statement under Section 164 of the Cr. P. C. She disclosed that Usha Devi asked her to go along with Sunil Kumar. She took Rs. one lac from her house out of which Rs. 50,000/- was handed over to Usha Devi and on the order of petitioners and others she went along with Sunil Kumar. It is submitted that petitioner No.2 is not named in the FIR. Even petitioner No.1 is alleged to have asked
Patna High Court Cr.Misc. No.30221 of 2016 (2) dt.09-09-2016 2/2 the victim to go along with Sunil Kumar but from perusal of the statement of victim it appears that the victim had love affairs with Sunil Kumar and that is why she voluntarily went along with Sunil Kumar. She did not raise any hue and cry while accompanying Sunil Kumar to Chandigarh. Similarly situated accused Ravindra Rai and others and Usha Devi have already been granted anticipatory bail.
Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, 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 Alauli P.S. Case No. 158 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T