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Patna High CourtCR. MISC./76115/2018bail granted

Awadhesh Chaudhary And ANR v. The State Of Bihar

2018-12-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76115 of 2018 Arising Out of PS. Case No.-348 Year-2018 Thana- JAGDISHPUR District- Bhojpur ======================================================

1. Awadhesh Chaudhary Son of Fatigan Chaudhary

2. Heerajharo Devi Wife of Awadhesh Chaudhary Both are Resident of VillageUgna, P.S. Jagdishpur, District- Bhojpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Jagdishpur P.S. Case No. 348 of 2018 registered for the offences punishable under Sections 366, 366-A/34 of the Indian Penal Code.

Petitioners are parents of F.I.R. named accused Amit Choudhary against whom there is specific allegation of kidnapping of the victim. The victim has not been recovered as yet but submission on behalf of the petitioners is that much prior to institution of this case, petitioner no. 2 had given an informatory petition in the court of Chief Judicial Magistrate, Bhojpur, Ara mentioning this fact that her son was missing since

Patna High Court Cr.Misc. No.76115 of 2018(2) dt.21-12-2018 2/2 long and when she made enquiry from the informant as well as other family members, they disclosed that her son took away the daughter of informant.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the allegation levelled against the petitioners, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XI, Bhojpur at Ara in Jagdishpur P.S. Case No. 348 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/- U T