Ashok Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16570 of 2018 Arising Out of PS.Case No. -202 Year- 2017 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================

1. Ashok Singh, Son of Sahdeo Singh,

2. Sakina Kumari @ Sakina Devi, Wife of Ashok Singh.

3. Hemant Kumar, Son of Ashok Singh. All are resident of VillageManjhaul, Police Station- Cheriya Bariyarpur, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prabhat Bharti For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Cheriya Bariyarpur P.S.Case nO.202 of 2017 , registered for offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

Allegation against the petitioners is that they have kidnapped the minor daughter of the informant. Submission of the learned counsel for the petitioners is that in the statement recorded under Section 164 Cr.P.C. she has not stated anything else except that she was taken by one Mohan Kumar. Petitioner nos. 1 and 2 are father and mother of the main accused Sumant Kumar. Petitioner no.3 is the brother of the main accused, Sumant Kumar. Moreover the girl has married with

Patna High Court Cr.Misc. No.16570 of 2018 (3) dt.26-06-2018 2/2 Sumant Kumar.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Manjhaul in connection with Cheriya Bariyarpur P.S.Case nO.202 of 2017 dated 22.12.2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T