Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72973 of 2019 Arising Out of PS. Case No.-362 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== 1.

Raman Kumar S/o Shrawan Kumar Thakur @ Shravan Thakur R/o villageBachharpur, Ward No. 4, P.S.- Pupri, District- Sitamarhi 2.

Shrawan Kumar Thakur @ Shravan Thakur S/o Late Bujhawan Thakur R/o village- Bachharpur, Ward No. 4, P.S.- Pupri, District- Sitamarhi 3.

Manish Kumar S/o Johindar Thakur @ Jorahind Thakur (wrongly mentioned as Shrawan Thakur in FIR) R/o village- Bachharpur, Ward No. 4, P.S.- Pupri, District- Sitamarhi 4.

Savitri Devi W/o Shrawan Kumar Thakur @ Shravan Thakur R/o villageBachharpur, Ward No. 4, P.S.- Pupri, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend arrest in connection with Pupri P.S. Case No. 362 of 2019 for the offence registered under Sections 363, 365, 379/34 of the Indian Penal Code. The allegation against the petitioners as per the First Information Report that the petitioners along with other accused persons abducted the daughter of the informant and took her away in an auto rickshaw.

Mr. Ashok Kumar Jha, learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. Learned counsel further submits that the statement of the victim girl under Section 164 Cr.P.C. was recorded by

Patna High Court CR. MISC. No.72973 of 2019(2) dt.18-12-2019 2/2 learned Magistrate. Learned counsel for the petitioner, referring to Annexure 2, submits that the victim girl has not said anything against the petitioners in her statement. He further submits that the victim girl is a major as would be evident from the medical report that is Annexure 3 and the Doctor has assessed her age to be between 19 to 20 years.

Having regard to the submissions made by the parties and taking into consideration the facts that in her statement under Section 164 Cr.P.C., the victim girl has not said anything against these petitioners and the petitioners have got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioners. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pupri at Sitamarhi, in connection with Pupri P.S. Case No. 362 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) uma/- U T