Dharmendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63158 of 2024 Arising Out of PS. Case No.-290 Year-2024 Thana- MAHUA District- Vaishali ====================================================== 1.
Dharmendra Chaudhary S/o Sarikhan Chaudhary R/o vill - Dumara, P.S - Patepur, Distt.- Vaishali 2.
Gunja Devi W/o Dharmendra Chaudhary R/o vill - Dumara, P.S - Patepur, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Pandey For the Opposite Party/s :
Mr. Rabindra Kumar.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Rabindra Kumar.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that his daughter was married to Rahul about three years ago, further for the last eight months, his daughter was staying with him, on 17.04.2024, his daughter along with her daughter aged about 13 months had gone to see a fair at Amar Singh Sthan, but did not return home, as such, a search was made but
Patna High Court CR. MISC. No.63158 of 2024(2) dt.26-09-2024 2/3 the victims were not found, next alleges that on 03.05.2024, Chandan came and informed that Ritik forcefully abducted his daughter from the fair, by a bolero vehicle, it is next alleged that Chandan is also related to Ritik, accordingly, the informant along with others went to the house of Ritik to inquire, when his family members abused, thus, alleges that his daughter, who is mentally weak along with his grand daughter, have been kidnapped by the accused persons and they may kill her to conceal evidence, further his daughter was wearing a gold Mangalsutra and a Payal.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case being parents of Ritik. It is also submitted that no doubt the victim has supported the case of the prosecution in her statement recorded under Section 161 of the Cr.P.C. wherein she has stated that even petitioners were involved in the occurrence, but then it is submitted that the said statement was recorded on account of parental pressure only to coerce Ritik into submission. It is next submitted that the thrust of the allegation is against Ritik.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.63158 of 2024(2) dt.26-09-2024 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahua P.S. Case No. 290 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T