Chhotan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66482 of 2023 Arising Out of PS. Case No.-169 Year-2017 Thana- GHOSI District- Jehanabad ====================================================== 1.

Chhotan Prasad Son Of Late Ram Bali Yadav Resident of Ojha Bigha, P.S.- Okari OP., Dist- Jehanabad 2.

Vicky Kumar Son Of Shri Chhotan Prasad Resident of Ojha Bigha, P.S.- Okari OP., Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Goshi (Okri O.P.) P.S. Case No. 169 of 2017, instituted under Sections 366 and 494 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence daughter of the informant, namely, Soni Kumari went to temple for worship but she did not return. During course of search, informant got information that one co-villager Pankaj Kumar has taken his daughter for the purpose of marriage. In this regard a Panchayati was also held.

4. Learned counsel for the petitioners submits that except the allegation made in the statement of the victim under

Patna High Court CR. MISC. No.66482 of 2023(3) dt.08-12-2023 2/2 Section 164 Cr.P.C. there is no material against the petitioners. They are not named in the F.I.R. It is further submitted that victim girl was recovered from the custody of her mother. Victim and her mother said false story to the police about the incident with a purpose to implicate the petitioners. It is further submitted that all F.I.R named accused persons have been granted anticipatory bail by co-ordinate Benches of this Court. Petitioners have clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Goshi (Okari O.P.) P.S. Case No. 169 of 2017, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T