IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17766 of 2009 1. Rajan Kumar Shukla, son of Sri. Sunil Shukla. 2. Sunil Shukla, son of Shivdhar Shukla both are residents of village- Singha Chhapar, P.S.-Bettiah Muffasil, District-West Champaran. …….Petitioners. Versus The State Of Bihar ……Opposite Party. ----------- 02. 26.05.2009 The petitioners apprehend arrest in connection with Muffasil, Bettiah P.S. No. 222 of 2008 instituted for the offence under Sections 364(A), 511 and 120B of the Indian Penal Code. The informant alleges that on 14.11.2008 he got information that some friends of his son Ravi Raj @ Pratyush, aged about fifteen years, who is a student of class-X of Central School had planed to kidnap him for ransom. On the same day some people came on motorcycle with the said intention but seeing the police at the Chauk, they escaped. No one is named nor is it known as to where his son was at that time when the people on the motorcycle came. It appears that subsequently one Satish Prabhakar @ Chandan Don was arrested being suspected of involvement in the aforesaid. It is said in the case diary that he had disclosed the name of the petitioners who had hatched the conspiracy in this regards. 2 On behalf of the petitioners, it is submitted that petitioner No. 1 Rajan Kumar Shukla is aged about fourteen years. He is the student of class-VII in Nehru Madhya Vidyalaya, Dharmpur, Lalgarh, Bettiah and petitioner No. 2 is his father. I am surprised how the learned Sessions Judge did not look this fact. In the F.I.R. itself, it is alleged that friends of the informant son who is aged about fifteen years were planning the event that implied that the friends would be the minors. The police also has got the name of petitioner No. 1 oblivious of their obligations towards minor. Let it be made clear that so far as petitioner No. 1 is concerned, who claims to be the minor, will be treated as minor till it is proved otherwise and would be entitled to all such privileges. The police would first have to establish that he was a major at the time when the alleged offence, if any is said to have been committed. In view of these facts, the application of petitioner No. 1 namely Rajan Kumar Shukla is not maintainable. The said person namely Satish Prabhakar @ Chandan Don who is said to have been arrested and was named petitioners as a conspirator, has filed an application before the Chief Judicial Magistrate which is Annexure-2 to this application, clearly stating that he has 3 not named any person. He has been brutally assaulted by the police and detained falsely in the case. The said application is on the records of the learned Chief Judicial Magistrate. On behalf of the petitioners, it is submitted that the informant in fact did not want petitioner No. 1 being the son of petitioner No. 2 to be the friend of his son. Both of them used to go to the same tuition. It is because of that this case was instituted and the entire things set up. In the facts and circumstances stated above, let the petitioner No. 2, namely Sunil Shukla, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Muffasil, Bettiah P.S. Case No. 222 of 2008 subject to the conditions as laid down under Section 438(2) Cr. P.C. Shageer (Navaniti Prasad Singh, J)