IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19639 of 2010 1.SHANKAR THAKUR 2.Ajay Thakur @ Ajay Kumar, both sons of Sri Dashrath Thakur, Resident of village Bhalui P.S. Chanan, Dist. Lakhisarai ….Petitioners. Versus STATE OF BIHAR O.P. ----------- For the petitioners: Mr. Mirtunjay Kumar, Advocate For the Informant : Mr. Ambika Bhagat, Advocate For the State : Mr. Narsingh Tanti, A.P.P. -------- 2 21.6.2010 Heard the parties including learned counsel appearing on behalf of the informant/complainant. Petitioners apprehend their arrest in a criminal prosecution registered under sections 363, 365, 366, 368 and 423 of the Indian Penal Code. According to the prosecution case one Soni Kumari wife of the informant was kidnapped by co-accused Vikki @ Roshan and co-accused Pradeep Kumar. Alleged victim Soni Kumari was recovered and her statement under section 164 Cr.P.C. was recorded, wherein she has made very serious allegation against the co-accused Vikki @ Roshan as also against co-accused Pradeep Kumar. It is submitted by learned counsel for the petitioners that in the FIR vide Annexure-1, though petitioners are named in the FIR as accused, but there is absolutely no allegation against them regarding their participation in the crime in question. They are said to be father and uncle of co-accused Vikki @ Roshan. By referring to Annexure-2, the statement recorded under section 164 Cr.P.C. of the victim lady, he further submitted that petitioners have not been named by the victim lady as accused. - 2 - Learned counsel for the State as also learned counsel appearing on behalf of the informant have strongly opposed the prayer for anticipatory bail made on behalf of the petitioners, but they have not disputed the aforesaid factual position. In the aforesaid background, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of A.K. Pandey, Railway Judicial magistrate, Ist Class, Kiul, in connection with G.R.P.S. Case no. 12 of 2010, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman