Dilip Mishra And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14085 of 2016 Arising Out of PS.Case No. -394 Year- 2015 Thana -SIWAN CITY District- SIWAN ======================================================
1. Dilip Mishra
2. Raj Kumar Mishra Both S/o Sakaldeo Mishra, Resident of VillageKhanpur, P.S. Manjhi, District- Saran at Chapra. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-04-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Section 364 of the Indian Penal Code.
Petitioner no.1 happens to be husband whereas petitioner no.2 happens to be brother-in-law of the victim. The victim is said to have been kidnapped by the petitioners on 20.8.2015, but admittedly, the victim appeared herself before the police and her statement under Section 164 of the Cr.P.C. was recorded on 22.9.2015. In the aforesaid statement, she stated that it was petitioner no.1, who kidnapped and confined her in a room, but subsequently, she admitted in her statement that she was
Patna High Court Cr.Misc. No.14085 of 2016 (2) dt.05-04-2016 2/2 dropped by petitioner no.1 at Chainwa station. Contention on behalf of the petitioners is that there was litigation between the victim and petitioner no.1 and, as a matter of fact, relation of petitioner no.1 with victim was strained and she, in connivance with informant of the present case, framed the petitioner in this false case due to previous litigation. Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioners above named 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 C.J.M., Siwan in connection with Siwan Town P.S. Case No.394 of 2015.
(Hemant Kumar Srivastava, J) N.H./- U T