Baidya Nath Rai @ Dharmnath Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81072 of 2019 Arising Out of PS. Case No.-38 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== 1.
Baidya Nath Rai @ Dharmnath Rai, Son of Punit Rai 2.
Rakesh Rai @ Rakesh Kumar Son of Punit Rai 3.
Pinki Devi Daughter of Punit Rai 4.
Reena Devi Wife of Baidya Nath Rai @ Dharmanath Rai 5.
Amrita Devi Wife of Rakesh Rai 6.
Jasia Devi Wife of Punit Rai All are residents of Village - Mahmada, P.S.- Pusa, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None.
For the Opposite Party/s :
Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-12-2020 No one on behalf of the petitioners has joined the virtual court proceeding, however, Mr. Shyam Bihari Singh, APP is present for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Patepur P.S. Case No.38 of 2018, registered for the offence punishable under Sections 366 (A)/34 of the Indian Penal Code.
The petitioners are relatives of main co-accused Ranjan Kumar against whom it has been alleged that he along with family members has kidnapped the victim girl for the purposes of marriage. From the order sheet of court below, it appears that co-accused Ranjan Kumar and victim girl Damini Kumari have entered into the marriage, but the victim girl is
Patna High Court CR. MISC. No.81072 of 2019(4) dt.11-12-2020 2/2 traceless. The FIR does no disclose the active participation of the petitioners and merely they are family members of coaccused Ranjan Kumar and on that basis, they have been implicated in the present case.
Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial MagistrateXIV, Vaishali at Hajipur, in connection with Patepur P.S. Case no.38 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) V.K.Pandey/- U T