This single-judge oral order granted anticipatory bail to petitioners apprehending arrest in a kidnapping and abduction case lodged under Sections 363 and 366(A) IPC. Bail was allowed subject to furnishing a bond and sureties.
Petitioners to be enlarged on bail by furnishing bond of Rs. 10,000 each with two sureties within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15101 of 2017
Arising Out of PS.Case No. -6 Year- 2017 Thana -BARAULI District- GOPALGANJ
====================================================== 1. Shesh Nath Sah, S/o Vishwakarma Sah. 2. Sangita Devi, W/o Shesh Nath Sah. Both are Resident of Village-Sarfara, P.S. Barauli, District-Gopalganj. .... .... Petitioners.
Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioners : Mr. For the State : Mr. For the Informant : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
4 06-07-2017 Let the supplementary affidavit filed on behalf of the petitioners be kept on the record.
Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant.
The petitioners apprehend their arrest in connection with Barauli P.S. Case No.06 of 2017 registered under Sections 363 and 366(A)/34 of the Indian Penal Code.
The accusation is that the daughter of the informant had gone to school but she did not return. Thereafter, search was made to trace out her. In that course, the informant came to know that she was seen with Prabhawati Devi and Mithilesh Sharma at the house of Rishikesh Sah where these petitioners and one Aslam Ali were also present and
Patna High Court Cr.Misc. No.15101 of 2017 (4) dt.06-07-2017 2/2
from there Mithilesh Sharma moved with his daughter for bus stand on a motorcycle.
Learned counsel for the petitioners submits that, in fact, the victim, the daughter of the informant, moved from the house according to her own sweet will but with an ulterior motive the petitioners have falsely been implicated in this case. Further submission is that the victim, the daughter of the informant, in her statement, as recorded under Section 164 of the Code of Criminal Procedure, has clearly stated about her love affair with Rishikesh Kumar and moving from the house with him for Dehradun and performing the marriage with him at Jalandhar.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIV, Gopalganj, in connection with Barauli P.S. Case No.06 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether the petitioners should be granted anticipatory bail in connection with Barsauli P.S. Case No. 06 of 2017 for offences under Sections 363 and 366(A) of the IPC.
2 provisions across 2 enactments
Shesh Nath Sah
Sangita Devi
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
