Ramkeshwar Das @ Udal Das And Ors vs State Of Bihar

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend arrest in connection with Konch PS Case No. 241 of 2019 dated 05.08.2019 (GR No. 4137 of 2019) instituted under

Sections 363/366A/34 of the Indian Penal Code.

The allegation against the petitioners is that the daughter of the informant had been abducted by the son of the petitioners with their collusion.

Learned counsel for the petitioners submitted that as per the allegation, only suspicion has been raised because the son of the petitioners used to talk

to the daughter of the informant. It was submitted that the entire allegation is false as the so called victim girl, i.e., the daughter of the informant, upon

her recovery had recorded her statement before the Court under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the

‘Code’) in which she had stated that because her father had fixed her marriage against her will, she had run away and she met one lady, who

took her and she stayed with her in Patna and then the police recovered her from there.

Learned APP does not dispute that in view of the statement of the daughter of the informant before the Court, allegation against the petitioners is

not made out.

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 Additional Chief Judicial Magistrate III, Gaya in Konch PS Case

No. 241 of 2019 (GR No. 4137 of 2019), subject to the conditions laid down in Section 438(2) of the Code. One of the bailors shall be a close relative

of the petitioners.

The application stands disposed off in the aforementioned terms.