Ashok Chaudhary And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31016 of 2015 Arising Out of PS.Case No. -35 Year- 2014 Thana -DAGARUA District- PURNIA ======================================================

1. Ashok Chaudhary Son of Late Prem Lal Chaudhary

2. Mongia Devi Wife of Shambhu Rishi Both resident of village - Deryapur, P.S. Dagarua, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-07-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Accusation is of kidnapping the minor daughter of the informant. In 164 Cr.P.C. statement the victim has stated that the petitioners were also participated in the commission of her abduction.

It is submitted by the learned counsel for the petitioners that during investigation accusation was not found true against the petitioners and they were not set up for trial. It is submitted that the victim of her own returned to her house. The aforesaid facts constitute ground for

Patna High Court Cr.Misc. No.31016 of 2015 (2) dt.31-07-2015 consideration of prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Dagarua P.S. Case No. 35 of 2014, pending in the court of learned Judicial Magistrate, Ist Class, Purnia.

With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T