Vinod Kumar Chaudhary v. The State Of Bihar

.... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.46731 of 2013) For the Petitioner/s : Mr. Bindhyachal Singh & Miss Smriti Singh, Advocates For the Opposite Party/s : Mr. Parmeshwar Mehta, APP (In Cr.Misc. No.53659 of 2013) For the Petitioner/s : Mr. Bindhyachal Singh & Mr. Satya Prakash, Advocates For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 4 20-12-2013 Criminal Misc. No. 46731 of 2013 was taken up on

18.12.2013 and in the peculiar facts and circumstances of the case following order was passed:- petitioner and learned Additional Public Prosecutor for the State. counsel learned “Heard The petitioner apprehends arrest in a case registered for the offence punishable under Section 120B and 364/34 of the Indian Penal Code. As per the prosecution case, is a minor, has been informant’s daughter, who Patna High Court Cr.Misc. No.46731 of 2013 (4) dt.20-12-2013 kidnapped. The petitioner is the elder brother of Vijay Kumar Chaudhary. It had been submitted in course of argument on behalf of the petitioner, while disputing the allegation of kidnapping, that as a matter of fact, the petitioner’s brother Vijay Kumar Chaudhary and the victim have married each other and are living together and that family members have been falsely implicated. So as to ensure and be satisfied about the safety and welfare of the victim, the Court had requested learned counsel appearing on behalf of the petitioner to take steps, if possible, so that the alleged victim could personally With the efforts made by Mr. appear in Court. Bindhyachal Singh, learned counsel appearing on behalf of the petitioner, the victim as well as said Vijay Kumar Chaudhary presented themselves in the Court room. Keeping in view the nature of the case and circumstance, the matter was ordered to be placed in Chambers and accordingly the matter has been placed and taken up in Chambers today. This is to be noted that the petitioner himself is also present personally in Chambers. Learned counsel for the petitioner has informed taken for seeking anticipatory bail on behalf of said Vijay Kumar Chaudhary also. that steps have been In the peculiar facts and circumstances of the case, I consider it appropriate to take up the matter on 20.12.2013 at 10.30 A.M. It is indicated that in the meanwhile, no coercive steps shall be taken against the persons accused in Bibhutipur P.S. case No. 149 of 2013 to take them into custody.” The co-accused Vijay Kumar alias Vijay Chaudhary who is younger brother of Vinod Kumar Chaudhary and against whom the allegation is of kidnapping the victim girl has filed Cr. Misc. No.53659 of 2013, seeking anticipatory bail directly to this Court without approaching the Court of learned Sessions Judge, Patna High Court Cr.Misc. No.46731 of 2013 (4) dt.20-12-2013 Samastipur. In the peculiar facts and circumstances of the case, I have entertained the present anticipatory bail application filed by Vijay Kumar alias Vijay Chaudhary and have considered the prayer out of turn, along with the anticipatory bail application filed by Vinod Kumar Chaudhary in Cr. Misc. No.46731 of 2013, which arises out of same Bibhutipur P.S. case No. 149 of 2013. The matter was taken up at 10.30 A.M. in the Court room. However, I found it more appropriate to take up the matter in chambers as the petitioner of Cr. Misc. No. 53659 of 2013 Vijay Kumar alias Vijay Chaudhary and the victim girl Suhani Suman @ Mano have presented themselves again in person. It has been stated in Cr. Misc. No. 53659 of 2013 filed by Vijay Kumar alias Vijay Chaudhary that the prosecution case is that the victim was kidnapped is false and that he and said Suhani Suman have married each other. Certificate of marriage issued by the Marriage Officer, Patna has been annexed as Annexure-2. This is to be noted that the affidavit of anticipatory bail application filed by Vijay Kumar alias Vijay Chaudhary i.e. Cr. Misc. No. 53659 of 2013 has been sworn by the victim girl herself disclosing her age to be 21 years. Mr. Bindhyachal Singh, learned counsel Patna High Court Cr.Misc. No.46731 of 2013 (4) dt.20-12-2013 petitioners submits that even as per the matriculation certificate the age of the alleged victim girl is 5.1.1995 though her actual age is 21 years. I am not inclined to entering into the dispute as regards the majority or otherwise of the victim girl. In the facts and circumstances of the case, I direct both of the petitioners above named to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Bibhutipur P.S. case No. 149 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner as well as the victim girl have expressed serious apprehension of any harsh action which may be taken by the parents of the victim. They apprehend even honour killing. In view of the apprehension as expressed by the alleged victim and the petitioners, I consider it appropriate, in larger interest to direct the Superintendent of Police, Samastipur to ensure safety of the victim girl and the members of the petitioners’ family and take all possible preventive measures. This order is being passed in exceptional circumstance as indicated above. Let this order be communicated through Fax message to Patna High Court Cr.Misc. No.46731 of 2013 (4) dt.20-12-2013 the Superintendent of Police, Samastipur forthwith. I appreciate the efforts made by Mr. Bindhyachal Singh, learned counsel appearing on behalf of the petitioners who took pains to satisfy the Court as regards the safety and welfare of the victim girl in the background of allegation of her kidnapping by the petitioners and their family members. (Chakradhari Sharan Singh, J) Arun Kumar/-