Allowed

Umesh Das v. The State Of Bihar

Patna HC11 Sept 2024CR. MISC./53989/2024

Case brief

AI extract

What is this about?

Petitioners, family members of the alleged eloper, sought anticipatory bail in a kidnapping case. The victim's Section 164 statement did not support the prosecution. The court allowed anticipatory bail with sureties and conditions.

What did the court decide?

Anticipatory bail granted to all three petitioners on bail of Rs 10,000 each with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions.

Umesh Das Vs The State Of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53989 of 2024

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Arising Out of PS. Case No.-169 Year-2024 Thana- KAUWAKOL District- Nawada

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======================================================

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1. UMESH DAS S/O RAJU DAS R/O Vill- Mahuliyatand, P.S- Kawakole, Dist- Nawada.

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RAJU DAS S/O LATE HARO DAS R/O Vill- Mahuliyatand, P.SKawakole, Dist- Nawada.

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SONIYA DEVI W/O RAJU DAS R/O Vill- Mahuliyatand, P.S- Kawakole, Dist- Nawada.

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... ... Petitioner/s

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Versus

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The State Of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Subodh Kumar, Advocate For the Opposite Party/s : Mr.Ram Anurag Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 11-09-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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2. The petitioners apprehend their arrest in connection with Kawakole P.S. Case No. 169 of 2024 for the offences registered under Sections 363, 366A and 34 of the Indian Penal Code.

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3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that Rupesh Kumar fled with his daughter, further in a Panchayati, father of Rupesh Kumar accepted that both had eloped.

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Patna High Court CR. MISC. No.53989 of 2024(4) dt.11-09-2024 2/2

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4. Learned counsel for the petitioners submitted that petitioners have been falsely implicated in the instant case being brother, father and mother of Rupesh Kumar. It is also submitted that the victim has come back and her statement was recorded under Section 164 Cr.P.C. wherein she has not supported the case of the prosecution.

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5 . Learned APP for the State opposes but then fairly submits that the victim has not supported the case of the prosecution in her statement recorded under Section 164 Cr.P.C.

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6. Considering the submissions made by the learned counsel appearing on behalf of the petitioners, let the petitioners, in the event of their arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs 10,000/(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of Judicial Magistrate-1st Class, Nawada in connection with Kawakole P.S. Case No. 169 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Jagdish/Raj-

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U T

Umesh Das v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Umesh Das v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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