Ravi Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.55710 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55710 of 2018 Arising Out of PS.Case No. -248 Year- 2018 Thana -TEKARI District- GAYA ======================================================

1. Ravi Kumar, S/o Bishram Paswan @ Sri Ram,

2. Bishram Paswan @ Sri Ram S/o ....

3. Niranjan Kumar, son of ...... R/o Vill.- Magadh International School Tekari's North, P.S.- Tekari, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachanjee Ojha, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 366(A), 120(B), 34 IPC registered in connection with Tekari P.S. Case No. 248 of 2018.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the brother, father and landlord of Kaushal Kumar, who is said to have taken away the daughter of the informant. In any event from the deposition of the so-called victim girl, it is clear that the ingredients of the offence under Section 366A are not made out and she had voluntarily accompanied the said Kaushal Kumar. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.55710 of 2018 (2) dt.06-10-2018 communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM VI, Gaya in connection with Tekari P.S. Case No. 248 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T