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Patna High CourtCR. MISC./55527/2019bail granted

Ajit Kumar Chaudhary @ Akshay Kumar Chaudhary v. The State Of Bihar

2019-09-02Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55527 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Ajit Kumar Chaudhary @ Akshay Kumar Chaudhary, Son of Ramdev Chaudhary Resident of Village - Pipra Bzar, Ward No. 14, P.S.- Ram Nagar, Dist.- West Champaran.

2.

Ramdev Chaudhary, Son of Late Mangal Chaudhary, Resident of Village - Pipra Bzar, Ward No. 14, P.S.- Ram Nagar, Dist.- West Champaran. 3.

Munna Chaudhary @ Manjit Chaudhary, Son of Ramdev Chaudhary, Resident of Village - Pipra Bzar, Ward No. 14, P.S.- Ram Nagar, Dist.- West Champaran.

4.

Bhagee Devi, W/o Ramdev Chaudhary, Resident of Village - Pipra Bzar, Ward No. 14, P.S.- Ram Nagar, Dist.- West Champaran. 5.

Anjali Devi, W/o Munna Chaudhary @ Manjit Chaudhary, Resident of Village - Pipra Bzar, Ward No. 14, P.S.- Ram Nagar, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Ram Nagar P.S. Case No. 118 of 2019, registered under Sections 366(A) and 206/34 of the Indian Penal Code. The accusation is that in the morning of 01.06.2019, Sundram Kumari, aged about 17 years, sister of the informant, Nitish Kumar Sharma, had gone to attend the Coaching Centre,

Patna High Court CR. MISC. No.55527 of 2019(2) dt.02-09-2019 2/3 Ram Nagar, but she did not return. On search, informant came to know that his sister has been kidnapped by Ajit Kumar Chaudhary @ Akshay Kumar Chaudhary (petitioner no.1) with the help of his family members including petitioner nos. 2 to 4 for the purpose to perform the marriage.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that the allegation of kidnapping of sister of the informant has been made against Ajit Kumar Chaudhary @ Akshay Kumar Chaudhary (petitioner no.1) and petitioner no. 2 to 4 are family members of petitioner no.1 due to that reason, petitioner no. 1 and his family members including petitioner nos. 2 to 4 have been implicated in this case. Further submission is that in course of investigation, police received secret information about moving of the victim near Shiv Temple, Ram Nagar then police reached there and recovered the sister of the informant and thereafter, her statement under Sections 161 and 164 of the Cr.P.C. has been recorded, in which, she has stated about moving from her parental house according to her own sweet will due to torturement of her parents and she has not made allegation of her kidnapping by the petitioners. In medical examination, her age has been assessed in between 19 to 20 years on 22.06.2019.

Patna High Court CR. MISC. No.55527 of 2019(2) dt.02-09-2019 3/3 Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 the learned A.C.J.M.-III, Bagaha, West Champaran, in connection with Ram Nagar P.S. Case No. 118 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T