Uma Kumar Singh @ Umakant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59819 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- RAJAON District- Banka ====================================================== 1.
Uma Kumar Singh @ Umakant Singh S/O Hiralal Singh 2.
Pradashi Kumar @ Pradashi Kumar Singh Son of Budani Singh @ Vijay Singh, both resident of Village- Jhitka, PS- Rajaun, Dist- Banka ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Najmul Hodda, Advocate For the Opposite Party/s :
Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-02-2024 Heard Md. Najmul Hoda, learned counsel appearing on behalf of the petitioners and Ms. Meena Singh, learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with Rajaun P.S.Case No.47 of 2023, registered for the offences punishable under Sections 366/34 of the Indian Penal Code .
3. The prosecution story, in brief, is that the petitioner no.1 with the help of co-accused, Paradeshi Kumar Singh, has kidnapped the daughter of the informant.
4. Learned counsel appearing on behalf of the petitioners submitted that the daughter of the informant has got married with petitioner no.1 and they are leading a happy matrimonial life. Petitioner no.2 against whom, there is
Patna High Court CR. MISC. No.59819 of 2023(3) dt.27-02-2024 2/3 allegation of kidnapping, has no concern with the kidnapping of the victim girl.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR and also the statement of the victim girl recorded under Section 164 Cr..C., which reveals that the victim girl on her own desire has eloped with the petitioner no.1 and they have solemnized marriage and leading a happy matrimonial life, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned court below within a period of four 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 CJM, Banka/concerned court, in connection with Rajaun P.S.Case No.47 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will
Patna High Court CR. MISC. No.59819 of 2023(3) dt.27-02-2024 3/3 automatically lose its force.
(Purnendu Singh, J) chn/- U