Lallan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81957 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- KHAIRA District- Saran ====================================================== 1.
Lallan Rai Son of Mahant Rai Resident of Loha Tola, P.S.- Khaira, Distt.- Saran 2.
Manju Devi Wife of Lallan Rai Resident of Loha Tola, P.S.- Khaira, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mirtunjay Kumar Tiwary For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Khaira Police Station Case No. 88 of 2024, dated 19.03.2024, disclosing offences punishable under Sections 363/366-A/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 01.03.2024, the minor daughter of the informant has been kidnapped by co-accused Bipin Kumar when the victim girl had left her home for coaching.
4. Learned Counsel for the petitioners submits that the petitioners have been made accused in this case merely
Patna High Court CR. MISC. No.81957 of 2024(2) dt.16-12-2024 2/3 because they happen to be the parents of co-accused Bipin Kumar, who was having love relationship with the victim girl. The victim girl in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 has accepted this fact and has stated nothing adverse against the petitioners. At the time of rejection of the first anticipatory bail application of the petitioners by the learned 1st Additional Sessions Judge, Saran, in A.B.P. No. 2267 of 2024, the victim girl was not recovered and after recovery of the victim girl, second anticipatory bail application was filed by the petitioners bearing A.B.P. No. 3371 of 2024.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioners are parents of co-accused Bipin Kumar, who was having love relationship with the victim girl, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on
Patna High Court CR. MISC. No.81957 of 2024(2) dt.16-12-2024 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, in connection with Khaira Police Station Case No. 88 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √