Madan Ram @ Madan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67238 of 2021 Arising Out of PS. Case No.-179 Year-2021 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

MADAN RAM @ MADAN KUMAR Son of Late Ramautrar Ram Resident of Village - Chodhali, P.S.- Beldaur, Distt.- Khagaria (Bihar). 2.

Natish Ram @ Nitish Ram Son of Ramautar Ram Resident of Village - Chodhali, P.S.- Beldaur, Distt.- Khagaria (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishweshwar Ram, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Learned Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.1, as the petitioner No.1 has been taken into judicial custody. Permission is accorded.

The application filed on behalf of petitioner No.1 is dismissed as withdrawn.

The petitioner No.2 is apprehending his arrest in a

Patna High Court CR. MISC. No.67238 of 2021(2) dt.24-03-2022 2/3 case registered under Sections 363, 365 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner No.2 abducted the wife of the informant. It has been submitted on behalf of the petitioner No.2 that the petitioner No.2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No.2. The petitioner No.2 has falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded, in which she has stated that she had left the house out of her own will and got married with the petitioner No.1. She has not supported the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner No.2 is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner No.2, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Alka Rai, Judicial Magistrate, 1st class, Khagaria in

Patna High Court CR. MISC. No.67238 of 2021(2) dt.24-03-2022 3/3 connection with Chautham P.S. case No.179/2021, G.R. No.2658/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T