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Patna High CourtCR. MISC./72303/2019bail granted

Vikesh Kumar @ Lurka @ Bikesh Sah @ Vikesh Sah v. The State Of Bihar

2019-11-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72303 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Vikesh Kumar @ Lurka @ Bikesh Sah @ Vikesh Sah, Son of Late Fating Sah Resident of Village-Godhana Sima par, P.O.-Nawada, P.S.-Bhagwanpur (Tiya O.P), District-Begusarai.

2.

Ravish Kumar @ Ravis Kumar @ Digna Son of Late Fating Sah Resident of Village-Godhana Sima par, P.O.-Nawada, P.S.-Bhagwanpur (Tiya O.P), District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Cachhwara P.S. Case no. 123 of 2019, registered under Section 366(A)/34 of the Indian Penal Code. The accusation is that on 30.06.2019, daughter of informant was at her shop, at that time, Vishundeo Sah, Vikesh Kumar (Petitioner No.1), Nikesh Kumar, Ravish Kumar (Petitioner No.2) and Kiran Devi came there and kidnapped his daughter, aged about 16 years. When he reached at the shop then he did not find his daughter in the shop, but a mobile bearing No. 7091262348 was found there on which two calls received from different mobile numbers.

Patna High Court CR. MISC. No.72303 of 2019(2) dt.19-11-2019 2/2 Learned counsel for the petitioners submits that it would appear from the F.I.R. that informant is not the eyewitness of the occurrence, rather, he disclosed the name of petitioners and others mere on suspicion. Further submission is that, in fact, daughter of the informant left her house according to her sweet will due to love affairs with Bishundeo Sah and called him and performed marriage in temple, which would appear from the statement of the victim recorded under Section 164 Cr.P.C. on 25.07.2019. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No. 123 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T