Brajesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46770 of 2018 Arising Out of PS.Case No. -232 Year- 2018 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Brajesh Kumar, Son of Vishwanath Sah.

2. Rakesh Kumar @ Rakesh Prasad, Son of Vishwanath Sah.

3. Ritesh Kumar @ Nitesh Kumar , Son of Vishwanath Sah.

4. Awadhesh Kumar, Son of Vishwanath Sah.

5. Punam Devi, Wife of Rakesh Kumar @ Rakesh Prasad.

6. Malti Devi, Wife of Vishwanath Sah.

7. Vishwanath Sah, Son of Late Banti Lal Sah.

8. Madhu Devi, Wife of Ritesh Kumar,

9. Antima Kumari @ Antima Devi, daughter of Vishwanath Sah. All resident of Village- Fulwar, P.S.- Banjariya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.U.C.Verma For the Opposite Party/s : Mr. K.Shankar,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2018 Heard the parties.

Petitioners are apprehending their arrest in Turcaulia P.S.Case No.232 of 2018 registered for the offences under Sections 363, 366(A) and 34 of I.P.C.

Allegation against the petitioners is of kidnapping of minor daughter of the informant.

Submission of the learned counsel for the petitioners is that the girl has disclosed her age 26 years in her statement recorded under Section 164 Cr.P.C. and she has performed

Patna High Court Cr.Misc. No.46770 of 2018 (2) dt.13-08-2018 2/2 marriage with the petitioner no.1 on her sweet will. She has not supported the prosecution case.

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 their arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of C.J.M., Motihari, East Champaran, in Turkaulia P.S. Case No.232 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must 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 and 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 bonds.

(Vinod Kumar Sinha, J) AnilKrSinha/- U