Ram Vinay Singh vs The State Of Bihar
2021 Latest Caselaw 2028 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.31983 of 2020
           Arising Out of PS. Case No.-171 Year-2019 Thana- SIMRI District- Darbhanga
     ======================================================

1. Ram Vinay Singh, son of Late Mehendra Prasad Singh, Male, aged about 62 years.

2. Vivek Kumar Singh, son of Ram Vinay Singh, Male, aged about 30 years.

Both resident of Village - Kumarpatti, P.S.- Simri, District - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar

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

For the Petitioner/s : Mr. Pramod Kumar Mallik, Advocate For the State : Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-05-2021

The matter has been heard via video conferencing.

2. Heard Mr. Pramod Kumar Mallik, learned counsel

for the petitioners and Mr. Raj Kishore Singh, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. The petitioners apprehend arrest in connection with

Simri PS Case No. 171 of 2019 dated 26.09.2019, instituted

under Sections 147, 363, 366-A and 120-B of the Indian Penal

Code.

4. The allegation against the petitioners is that they,

along with others, had abducted the minor daughter of the Patna High Court CR. MISC. No.31983 of 2020 dt.18-05-2021

informant for the purpose of marrying her.

5. Learned counsel for the petitioners submitted that

they are the father and the brother of co-accused, Prince Kumar

Singh, who was having love affairs with the daughter of the

informant and both of them had fled away in which they have

no role. It was submitted that the girl and co-accused, Prince

Kumar Singh, were kept by the villagers at the house of local

Sarpanch where the police had arrived and Prince Kumar Singh

was arrested and the girl was handed over to her parents.

Learned counsel submitted that in the supervision note, the

Deputy Superintendent of Police has clearly indicated such fact.

It was submitted that in such view of the matter, the police had

not sent up the petitioners for trial and had submitted charge-

sheet against other co-accused, but the Court has still taken

cognizance against the petitioners also. It was submitted that

even the Medical Report opines that the girl was aged between

16-17 years, which clearly shows that she was major as there

can be margin of two years, which clearly would make her more

than 18 years on the date of the occurrence. Learned counsel

submitted that the petitioners have no criminal antecedent.

6. Learned APP submitted that though the Court had

asked for obtaining the up-to-date legible copy of the case diary, Patna High Court CR. MISC. No.31983 of 2020 dt.18-05-2021

but the same has been received in the Court. However, he

submitted that all the accused have abducted the minor daughter

of the informant.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction

of the learned Chief Judicial Magistrate, Darbhanga, in Simri PS

Case No. 171 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further (i) that one of the bailors shall be a close relative of the

petitioners, (ii) that the petitioners shall cooperate with the

Court and the police/prosecution. Failure to cooperate shall lead

to cancellation of their bail bonds.

8. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioners, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioners.

9. The application stands disposed off in the Patna High Court CR. MISC. No.31983 of 2020 dt.18-05-2021

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T