Ashok Kumar @ Ashok Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63572 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- JAMALPUR District- Munger ======================================================

1. Ashok Kumar @ Ashok Yadav S/o late Harinarayan Prasad Yadav R/o Vill- Faridpurfaari, Keshopur, P.S. Jamalpur, Distt. Munger.

2. Laxmi Devi W/o Ashok Kumar@ Ashok Yadav R/o VillFaridpurfaari, Keshopur, P.S. Jamalpur, Dist. Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 366A, 120B/34 of the Indian Penal Code and 8, 12 of the POCSO Act.

The prosecution case, in short, is that on 27.07.2018 the daughter of the informant went out on account o some groceries procurement but did not return back. He started searching her but she remained traceless. When the informant reached the petitioners' house, he found petitioners' son absent. He assured that Chotu Yadav abducted his daughter on instigation and conspiracy made with his family including the petitioners.

Patna High Court Cr.Misc. No.63572 of 2018(2) dt.12-10-2018 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The statement of the victim has been recorded under Section 164 Cr.P.C. She has not supported the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 1st, Munger in connection with Jamalpur P.S. case No.211 of 2018, G.R. No.2207 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T