Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71809 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

AKASH KUMAR Son of Nand Lal Sah Resident of Village - Madhopur, P.S.- G.B. Nagar, Tarwara, District- Siwan 2.

Manish Kumar Son of Nand Lal Sah Resident of Village - Madhopur, P.S.- G.B. Nagar, Tarwara, District- Siwan 3.

Nitish Kumar Son of Hira Lal Sah Resident of Village - Madhopur, P.S.- G.B. Nagar, Tarwara, District- Siwan 4.

Nand Lal Sah Son of Ramayan Sah Resident of Village - Madhopur, P.S.- G.B. Nagar, Tarwara, District- Siwan 5.

Sushila Devi Wife of Nand Lal Sah Resident of Village - Madhopur, P.S.- G.B. Nagar, Tarwara, District- Siwan 6.

Hira Lal @ Hira Lal Sah Son of Ramayan Sah Resident of Village - Madhopur, P.S.- G.B. Nagar, Tarwara, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366/34 of the IPC.

The prosecution case as per the written report of Shiv

Patna High Court CR. MISC. No.71809 of 2019(2) dt.27-11-2019 2/3 Kumar Sah submitted on 30.7.2019 at 11.30 P.M., to the SHO, G.B. Nagar, Tarwara Police Station, is to the effect that the informant's wife namely, Priyanka Devi and minor son Prince Kumar have been kidnapped by the FIR named accused persons.

It is submitted by learned counsel for the petitioners that the victim's statement under Section 164 of the Cr.P.C. has been recorded wherein she has stated that she on her own has performed marriage with petitioner no. 1 and petitioner nos. 2 to 6 are family members of petitioner no.

1. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the thrust of accusation is against petitioner no. 1.

Considering the statement of the victim i.e., Priyanka Devi recorded under Section 164 of the Cr.P.C. coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.71809 of 2019(2) dt.27-11-2019 3/3 the satisfaction of the learned SDJM, Siwan in connection with G.B. Nagar P.S. Case No.214 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U