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Patna High CourtCR. MISC./3550/2020disposed

Ram Pravesh Sah v. The State Of Bihar

2020-01-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3550 of 2020 Arising Out of PS. Case No.-270 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

RAM PRAVESH SAH Son of Late Ramdhari Sah Resident of Village - Samardihan, P.S.- Sasaram (M), Distt.- Rohtas at Sasaram. 2.

Laxmina Devi W/o Ram Pravesh Sah Resident of Village - Samardihan, P.S.- Sasaram (M), Distt.- Rohtas at Sasaram. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-01-2020 This application, for grant of anticipatory bail, arises out of Sheosagar P.S. Case No. 270 of 2019, disclosing offences under Sections 366-A/34 of the Indian Penal Code. Allegation against the petitioners is of kidnapping the minor daughter of the informant.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case. Moreover, from the F.I.R., it is evident that there is only allegation against the petitioners is of assisting other accused persons in kidnapping the girl learned counsel for the State opposed the prayer for anticipatory bail and submitted that the girl is minor and apart

Patna High Court CR. MISC. No.3550 of 2020(2) dt.21-01-2020 2/2 from that she is still traceless.

Having heard both sides, considering the facts and circumstances, so far petitioner no. 1 is concerned, I am not inclined to grant the privilege of anticipatory bail to him rather he has to surrender before the court below and pray for regular bail, which will be disposed of by the court below on the basis of materials available on record.

So far petitioner no. 2 is concerned, considering the fact that she is lady, as such, petitioner no. 2 , in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Rohtas at Sasaram, in connection with Sheosagar P.S. Case No. 270 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T