Beni Das @ Beni Prasad Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81780 of 2024 Arising Out of PS. Case No.-334 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== 1.
Beni Das @ Beni Prasad Das Son of Ramjee Das R/O Village- Rajni Ward No. 07, (Old 17), P.S.- Murliganj, District- Madhepura 2.
Shambhu @ Shambhu Kumar @ Shambhu Das Son of Ramjee Das R/O Village- Rajni Ward No. 07, (Old 17), P.S.- Murliganj, District- Madhepura 3.
Bablu Das @ Bablu Kumar Son of Beni Das @ Beni Prasad Das R/O Village- Rajni Ward No. 07, (Old 17), P.S.- Murliganj, District- Madhepura 4.
Gudum Das @ Gudam @ Goutam Das Son of Badri Das R/O Village- Rajni Ward No. 07, (Old 17), P.S.- Murliganj, District- Madhepura 5.
Sintu Das @ Sintu Kumar @ Sentu Kumar @ Santu Das Son of Bishundeo Das R/O Village- Rajni Ward No. 07, (Old 17), P.S.- Murliganj, DistrictMadhepura 6.
Sachit @ Sachita Kumar @ Ravi Shekhar Son of Rajendra Das R/O VillageRajni Ward No. 07, (Old 17), P.S.- Murliganj, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Kumari Rashmi, Advocate For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2024 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Murliganj PS case no. 334 of 2020, disclosing offences punishable under Section 366(A)/34 of the Indian Penal Code.
3.
The prosecution story, as per the First Information Report, is that on 14.10.2020, the daughter of the informant
Patna High Court CR. MISC. No.81780 of 2024(2) dt.16-12-2024 2/3 aged about 15 years went outside of her house but she did not return. It is alleged that the petitioners along with one another co-accused has kidnapped the minor daughter of the informant. 4.
Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to oblique motive and previous enmity between the parties. Both parties are co-sharers. Learned counsel further submits that after three months of the date of occurrence, suddenly on 08.01.2021, the girl appeared voluntarily before the court and her statement was recorded under Section 164 Cr.P.C., in which she has stated that she was kidnapped by the petitioners and one other accused person namely Ranjit Das. He next submits that the entire story has been concocted by the informant's side in order to falsely implicate the petitioners in the present occurrence. The Police, after investigation, found the case untrue against the petitioners along with co-accused and has submitted final form bearing number 515 of 2022, however learned Magistrate has differed with the police report and taken cognizance against the F.I.R. named accused persons on 04.05.2024, hence the present application has been filed.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that
Patna High Court CR. MISC. No.81780 of 2024(2) dt.16-12-2024 3/3 the police, after investigation, submitted final form exonerating the petitioners and one another and not sending them for trial and petitioners are parents and other relatives of co-accused Ranjit Das, I am inclined to grant the privilege of anticipatory bail to the petitioners.
6.
This application is, accordingly, allowed.
7.
Let petitioners, abovenamed, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Madhepura in connection with Murliganj PS case no. 334 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T