Bishmbhar Singh @ Prasant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1061 of 2022 Arising Out of PS. Case No.-58 Year-2018 Thana- BHELDI District- Saran ====================================================== 1.

BISHMBHAR SINGH @ PRASANT KUMAR Son of Jagdish Singh Resident of Village- Bhaluhi, P.S.- Marhowrah, District- Saran at Chapra. 2.

Jagdish Singh Son of Late Kedar Singh Resident of Village- Bhaluhi, P.S.- Marhowrah, District- Saran at Chapra.

3.

Sanju Devi W/o Jagdish Singh Resident of Village- Bhaluhi, P.S.- Marhowrah, District- Saran at Chapra.

4.

Sumanti Kumari D/o Jagdish Singh Resident of Village- Bhaluhi, P.S.- Marhowrah, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sharda Kumari Mukun Bhagat Resident of Village- Koreya, Pachham Tola, P.S.- Bheldi, District- Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Ban Bihari Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 363, 366(A), 376 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, petitioner No.1 kidnapped the victim on the pretext of marriage. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.1061 of 2022(3) dt.01-09-2022 2/2 the case. The victim in her statement u/s 164 of the Cr. P. C. denied the prosecution case and has stated that she voluntarily married with the petitioner No.1 and no one has kidnapped her. The victim stated her age to be 18 years. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, clean antecedent of the petitioner and the statement of victim recorded u/s 164 of the Cr. P. C., let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Saran at Chapra in connection with Bheldi PS case No. 58/ 2018, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T