Surendra Ray And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23498 of 2018 Arising Out of PS.Case No. -243 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Surendra Ray, S/o Budhan Ray,

2. Mithun Kumar Ray, S/o Budhan Ray,

3. Gauri Ray, S/o Budhan Ray,

4. Budhan Ray, S/o Late Ramchandra Ray, All are R/o Vill.- Chainpur, P.S.- Garkha, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate. For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Garkha P.S. Case No. 243 of 2017 instituted for the offence under Sections 363 and 365 of the Indian Penal Code.

In the written report there is allegation that these petitioners kidnapped minor daughter of the informant. The statement of victim girl has been recorded under Section 164 Cr. P.C. on her recovery wherein she has levelled specific allegation against Mithun Kumar Ray (petitioner No.2) of committing illegal act with her.

Therefore, this Court is not inclined to grant

Patna High Court Cr.Misc. No.23498 of 2018 (2) dt.20-04-2018 2/3 anticipatory bail to petitioner No. 2 namely, Mithun Kumar Ray. Prayer for anticipatory bail of petitioner No. 2 stands rejected.

So far allegation against petitioner Nos. 1, 3 and 4 are concerned, there is general and omnibus allegation against them and the victim girl in her statement recorded under Section 164 Cr. P.C. has not levelled any specific allegation against them. Therefore, prayer for anticipatory of petitioner Nos. 1, 3 and 4 namely, Surendra Ray, Gauri Ray and Budhan Ray is allowed. In the event of surrender/arrest of the petitioner Nos. 1, 3 and 4, named above, within six weeks from today, in connection with Garkha P.S. Case No. 243 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateVth, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.23498 of 2018 (2) dt.20-04-2018 3/3 bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T