Hari Charan @ Hari Charan Sah Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41280 of 2024

Arising Out of PS. Case No.-375 Year-2023 Thana- LALGANJ District- Vaishali

====================================================== Satish Kumar, Son Of Umesh Sah, Resident Of Village - Yusufpur, P.S. - Lalganj, District - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== with CRIMINAL MISCELLANEOUS No. 4182 of 2024 Arising Out of PS. Case No.-375 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Hari Charan @ Hari Charan Sah, S/O Ram Prasad Sah, R/O VillageKeshavpur, P.S- Lalganj, Distt.- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 41280 of 2024) For the Petitioner/s : Mr.Amarnath Jha, Advocate For the Opposite Party/s : Mr.Suresh Prasad Singh, APP For the Informant : Mr. Raja Ram Rai, Advocate (In CRIMINAL MISCELLANEOUS No. 4182 of 2024) For the Petitioner/s : Mrs.Bela Singh, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP For the Informant : Mr. Raja Ram Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

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5 03-07-2024

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Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P for the State.

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2 . The petitioners have preferred this application for

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grant of regular bail in connection with Lalganj P.S. Case No. 375 of 2023 dated 28.10.2023 registered for the offences

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Patna High Court CR. MISC. No.41280 of 2024(5) dt.03-07-2024 2/3

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punishable under Sections 363, 366(A) of the Indian Penal Code.

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3 . As per the prosecution case, on the alleged date of occurrence the informant’s minor daughter aged about 13 years went from the house to see the fair in Durga Puja pandal near her house but she did not return. On inquiry, the informant came to know that petitioner along with accused persons and some unknown persons kidnapped his daughter with wrong intention.

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4 . Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely out of suspicion. They have no concern with alleged offence. Charge sheet has been submitted in this case. By order of the court of C.J.M. Vaishali at Hajipur, it appears that the victim has been recovered and her statement u/s 164 of Cr.P.C. has been recorded in which she has denied to go with her parents. The petitioners have clean antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 22.01.2024 and 28.10.2023 respectively.

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5 . Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioners and submitted that the victim is minor.

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Patna High Court CR. MISC. No.41280 of 2024(5) dt.03-07-2024 3/3

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6 . Considering the aforesaid facts and circumstances

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of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned,Vaishali at Hajipur in connection with Lalganj P.S. Case No. 375 of 2023.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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lata/- U T

Hari Charan @ Hari Charan Sah v. The State of Bihar

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Hari Charan @ Hari Charan Sah v. The State of Bihar

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