Isto Prasad Chowpal And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.11612 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11612 of 2018 Arising Out of PS.Case No. -159 Year- 2017 Thana -KOCHADHAMAN District- KISANGANJ ======================================================

1. Isto Prasad Chowpal son of Late Sadhu Charan Chowpal.

2. Amna Devi, wife of Isto Prasad Chowpal, both residents of VillageDhansona, Police Station- Kochadhaman, District- Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Singh For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.

The petitioners apprehend their arrest in Kochadhaman P.S. Case No.159 of 2017 registered under Sections 363, 366 and 34 of the Indian Penal Code.

The informant alleged that his wife became traceless with his four years son. During the course of investigation, the informant came to know that Patlu Chowpal @ Prem Chowpal kidnapped his wife. The informant further alleged that he inquired from the mother and father of Patlu Chowpal, the petitioners, who disclosed that they have no knowledge about the kidnapping. The learned counsel for the petitioners submits that petitioners are father and mother of Patlu Chowpal. Victim herself

Patna High Court Cr.Misc. No.11612 of 2018 (2) dt.27-02-2018 left the house. The victim is aged about 28 years old. She earlier filed complaint case against her husband. Victim made her statement under Section 164 Cr.P.C. but she did not disclose the name of the petitioners. She disclosed that Patlu and Ajay forcibly got her seated in four-seated vehicle and took her to Patna. Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the facts aforesaid, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on 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 A.C.J.M. Ist, Kishanganj in connection with Kochadhaman P.S. Case No.159 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T