Sudhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85303 of 2019 Arising Out of PS. Case No.-224 Year-2019 Thana- BARHARIA District- Siwan ====================================================== 1.

SUDHIR SINGH Son of Dharamnath Singh Resident of Village - Khanpur, P.S.- Barhariya, Distt.- Siwan.

2.

Sunil Singh Son of Dharamnath Singh Resident of Village - Khanpur, P.S.- Barhariya, Distt.- Siwan.

3.

Dharamnath Singh Son of Late Ramashish Singh Resident of Village - Khanpur, P.S.- Barhariya, Distt.- Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered under Sections 363, 366A/34 of the Indian Penal Code.

Informant is the mother of victim who in her written complaint has alleged that on 22.06.2019 at about 7:00 PM her minor daughter was walking outside the house when petitioner alongwith four other came on a Bolero and took away her minor daughter with them for purpose of marriage.

It has been submitted on behalf of petitioners that they are innocent and incident is of 22.06.2019 whereas FIR has been instituted on 25.06.2019. The statement of the victim girl has

Patna High Court CR. MISC. No.85303 of 2019(2) dt.07-01-2020 2/2 been recorded under Section 164 of Cr.P.C. in which she has stated that on 22.06.2019 she came to her grandmother's house in Motihari and when she was informed that her mother has instituted a case she returned back and was caught by the police. It has been further submitted that petitioners have no criminal antecedent prior to institution of present FIR, however, subsequently FIR was instituted by the side of the informant. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, Petitioners are directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Barhariya P.S. Case No. 224 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T