Single judge order granting anticipatory bail to two elderly petitioners apprehending arrest in a kidnapping and criminal misconduct case involving their son, subject to bond conditions under Cr.P.C. Section 438.
Petitioners released on anticipatory bail by furnishing bonds of Rs. 10,000 each with two sureties of the like amount within 12 weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78706 of 2019
Arising Out of PS. Case No.-156 Year-2019 Thana- PIRPAINTI District- Bhagalpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajive Ranjan Singh For the Opposite Party/s : Mr.Ajay Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 366A, 504 and 506/34 of the Indian Penal Code.
The prosecution case, as per the written report of Shrawan Gupta submitted to Station House Officer of Bakharpur O.P., is to the effect that the petitioners and their son, Deepak came to the house of the informant on 25.06.2019 at 8.00 P.M. and took the daughter of the informant, Khusbu Kumari, aged about 15 years and since then she was in their house, thereafter she went traceless and till date the son of the
Patna High Court CR. MISC. No.78706 of 2019(4) dt.13-02-2020 2/3
petitioners and daughter of the informant are traceless.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against the son of the petitioners and for the occurrence of 25.06.2019, the FIR has been lodged on 17.07.2019. It is further submitted that during investigation it has come that much prior to the date of occurrence alleged in the First Information Report the son of the petitioners eloped with the victim, the daughter of the informant and petitioners are old persons. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP after going through the case diary submits that, in fact, during investigation it has come that much prior to the alleged date of occurrence, the son of the petitioners eloped with the daughter of the informant.
Considering the fact that the thrust of accusation is against the son of the petitioners and delayed lodging of the FIR, coupled with the statement being made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from
Patna High Court CR. MISC. No.78706 of 2019(4) dt.13-02-2020 3/3
today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XIth, Bhagalpur in connection with Pirpainti (Bakharpur O.P.) P.S. Case No. 156 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail considering the thrust of accusation against the son and delayed FIR.
Whether the petitioners, being elderly persons with no criminal antecedents, can be released on bail with the specified condition.
1 provisions across 1 enactments
Runa Devi W/o Jaydhari Yadav
Jaydhari Yadav S/o Prithvi Yadav
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
