Patna High CourtCR. MISC./12117/2016bail granted

Tinku Sah And ANR v. The State Of Bihar

2016-03-29Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.12117 of 2016 (2) dt.29-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12117 of 2016 Arising Out of PS.Case No. -209 Year- 2013 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Tinku Sah S/o Peyarelal Sah

2. Bhagwan Turha, S/o Pdarth Turha, resident of village- Elamdipur, P.S. G.B. Nagar, District- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 29.03.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under section 366A/34 of the Indian Penal Code.

Statement of victim has been recorded under section 164 of the Cr.P.C in which she stated that these petitioners as well as one Ajit Sah forcibly took her to Patna from where she was taken to Goa where petitioners were putting pressure upon her to solemnize her marriage with Ajit Sah and subsequently, she was brought to Gopalganj where she was dropped by the petitioners.

The contention on behalf of the petitioners is that victim was in love with co-accused Ajit Sah and, as a matter of fact, she eloped along with Ajit Sah but the informant lodged the present case against the petitioners also on mere suspicion and when victim

Patna High Court Cr.Misc. No.12117 of 2016 (2) dt.29-03-2016 returned to her home, she was tutored by the informant and thereafter, her statement under section 164 of the Cr.P.C was recorded. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Pachrukhi (G.B. Nagar) P.S. Case no. 209/2013. shahid (Hemant Kumar Srivastava,J) U T