Mukul Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77860 of 2018 Arising Out of PS. Case No.-277 Year-2018 Thana- KHAGAUL District- Patna ======================================================
1. Mukul Kumar,
2. Samar Kumar @ Rupesh Kumar, Both Son of Late Sudhir Prasad Singh.
3. Rishikesh Kumar @ Aashutosh Kumar, Son of Sushil Prasad Singh,
4. Saurabh Kumar @ Premjeet Anand, Son of Diwakar Prasad Sharma @ Diwakar Singh @ Lallu Singh.
5. Chhote Singh.
6. Sushil Prasad Singh, Both Son of Late Tarkeshwar Prasad Singh, All R/o Baikathpur, P.S.- Khushrupur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nageshwar Singh For the Opposite Party/s :
Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 This is an application for grant of anticipatory bail in connection with Khagaul P.S. Case No. 277 of 2018, disclosing offences under Sections 448, 341, 323, 365/34 of the Indian Penal Code.
Allegation against the petitioners is that they have forcibly taken away the younger sister of the informant. Submission of learned counsel for the petitioners is that F.I.R. itself shows that the younger sister of the informant has married with petitioner no.1 Mukul Kumar in the year 2017 and as a matter of fact the petitioners filed a Matrimonial Case No. 211 of 2018 under Section 9 of the Hindu Marriage Act and
Patna High Court Cr.Misc. No.77860 of 2018(2) dt.03-01-2019 2/2 as such no case is made out under Section 365 IPC. Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Vth Danapur, Patna, in connection with Khagaul P.S. Case No. 277 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T