Abhishek @ Chunmun Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58347 of 2019 Arising Out of PS. Case No.-35 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== 1.

Abhishek @ Chunmun Kharwar, Son of Suresh Kharwar @ Suresh Singh. 2.

Ashok Kharwar, Son of Suresh Kharwar @ Suresh Singh 3.

Chandan Kharwar, Son of Ramesh Kharwar All resident of Village-Semari, P.S.-Semari, District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-11-2019 The petitioners seek bail in connection with Kargahar P.S. Case No. 35 of 2018, dated 02.02.2018, instituted for the offences under Sections 363, 366(A) and 34 of the Indian Penal Code.

While two daughters of the informant had gone to attend to the call of nature, one of them was dragged away to an unknown destination by the petitioners. This fact was

Patna High Court CR. MISC. No.58347 of 2019(3) dt.20-11-2019 2/3 narrated by the other sister who had come back home. It has further been alleged in the F.I.R. that the petitioners wanted to take work from the family of the victim girl free of cost and when this was not accepted by the family members of the informant, the present case has been lodged. Mr. Dr. Sanjay Kumar Singh, learned counsel for the petitioners has submitted that the version of Mamta Kumari, on the basis of which the F.I.R. was lodged, is different from the statement given by Babita, the victim girl, who was kidnapped, in her statement recorded under Section 164 Cr.P.C.

No sexual misdemeanor has been alleged against the petitioners, who happen to be closely associated with the family of the victim girl.

Petitioner No. 3 is the relative of petitioner Nos. 1 and 2, who are said to be the next door neighbour to the informant and his daughters.

Regard being had to the aforesaid facts and also the period of custody of the petitioners which is from 24.07.2019, they are directed to be released on bail on their

Patna High Court CR. MISC. No.58347 of 2019(3) dt.20-11-2019 3/3 furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sasaram, Rohtas in connection with Kargahar P.S. Case No. 35 of 2018.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T