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Patna High CourtCR. MISC./71830/2021bail granted

Bindeshwary Rawani @ Bhantu Rawani @ Bindeshwari Ram v. The State Of Bihar

2022-06-15Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71830 of 2021 Arising Out of PS. Case No.-114 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

BINDESHWARY RAWANI @ BHANTU RAWANI @ BINDESHWARI RAM Son of Late Nathuni Rawani, 2.

Sachin Kumar @ Sachin Ram Son of Bindeshwary Rawani @ Bindeshwari Ram, Both Residents of Village - Rawani Tola, Ward No.- 3, P.S.- Singheshwar, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within three weeks on resumption of physical mode, failing which the office is directed to place the matter before the Bench. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 366 of the Indian Penal Code.

As per FIR, allegation against the petitioners and other co-accused persons is said to have abducted the victim.

Patna High Court CR. MISC. No.71830 of 2021(2) dt.15-06-2022 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and have falsely been implicated in this case. He further submits that the petitioner no. 1 is father and the petitioner no.2 is brother of co-accused Amar Kumar. He further submits that the victim in her statement recorded under Section 164 Cr.P.C. has not stated the names of the petitioners in the crime alleged. She has also stated that she solemnized marriage with Amar Kumar. She is major. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail petition.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, 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 Additional Chief Judicial Magistrate-III, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 114/2021, subject to the conditions as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.71830 of 2021(2) dt.15-06-2022 3/3 the Code of Criminal Procedure;

(Chandra Prakash Singh, J) amitkumar/- U T