Jaiprakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71510 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- MAHILA P.S District- Supaul ====================================================== 1.

JAIPRAKASH SINGH Son of Kedar Narayan Singh Presently resident of Jharkhrahi, Tola-Adarsh Nagar, Ward No. 26, P.S. and District- Supaul 2.

Rani Devi @ Rani Singh Wife of Jai Prakash Singh Presently resident of Jharkhrahi, Tola-Adarsh Nagar, Ward No. 26, P.S. and District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 This application, for grant of anticipatory bail, arises out of Mahila Supaul P.S. Case No. 50 of 2019, disclosing offences under Section 366A/34 of the Indian Penal Code and Section 4 of the POCSO Act.

Prosecution case is that minor daughter of the informant was kidnapped by Sagar Singh and one Md. Adil Raja and it is alleged that petitioners, who happen to be father and mother of accused Sagar Singh has kept her and when the informant and others went to search the victim girl, they succeeded in getting the girl disappeared and she is still traceless.

Submission of learned counsel for the petitioners is that they have been made accused in this case only because they happen to be father and mother of co-accused Sagar Singh against whom,

Patna High Court CR. MISC. No.71510 of 2019(3) dt.09-12-2019 2/2 there is allegation of kidnapping of daughter of informant and earlier a police case was lodged in connection with kidnapping of the victim girl, in which, the petitioners were not named but later on complaint case was filed on the basis of which, F.I.R. has been registered. Further submission is that they have falsely been implicated in this case and there is no material so as to show their involvement. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within three 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 Additional Sessions Judge -I, Supaul, in connection with Mahila Supaul P.S. Case No. 50 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure with further subject to the condition that petitioners shall cooperate the police in tracing out the girl, otherwise, their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) sunilkumar/- U T