Shankar Kumar Singh @ Bidur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57780 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- BHEJA District- Madhubani ====================================================== 1.

SHANKAR KUMAR SINGH @ BIDUR SINGH Son of Surendra Prasad Singh, Resident of Village- Bhawanipur, Police Station- Bheja, DistrictMadhubani. 2.

Raman Kumar Singh @ Mithu Singh Son of Late Rajendra Prasad Singh, Resident of Village- Bhawanipur, Police Station- Bheja, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2019 Heard both sides.

Petitioners apprehend their arrest in Bheja P.S. Case No.28 of 2019 registered under Sections 363, 366(A) and 34 of the Indian Penal Code.

The informant named the petitioners and alleged that they all kidnapped his minor daughter for the purpose of marriage.

Learned counsel for the petitioners submits that the petitioners are of course named in the F.I.R. but the petitioners never kidnapped the victim. The victim disclosed the names of Shankar Singh, Raman Singh, Sonu Singh along with Birendra Singh, Surendra Singh, Dhirendra Singh and Mikku Singh. Dhirendra Singh, Surendra Singh, Birendra Singh and other

Patna High Court CR. MISC. No.57780 of 2019(2) dt.18-09-2019 2/2 have been granted anticipatory bail by order dated 28.06.2019 passed in Cr.Misc.No.39908 of 2019. The petitioners also deserve anticipatory bail.

From perusal of the F.I.R. as well as the statement of the victim and the order passed by this court in Cr.Misc.No.39908 of 2019, it appears that both petitioners are named in the F.I.R. Even the victim in her statement recorded under section 164 of the Cr.P.C. disclosed that Sonu Singh, Shankar Singh and Raman Singh forcibly kidnapped her and made her unconscious. She got her consciousness in Delhi where Surendra Singh, Raman Singh, Dhirendra Singh, Birendra Singh and Mikku Singh assaulted her. Dhirendra Singh, Birendra Singh and Surendra Singh were granted anticipatory bail by a coordinate bench of this court on the consideration of the facts that there is no allegation of kidnapping against them.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T