Patna High CourtCR. MISC./16861/2016bail granted

Samir Das And ANR. v. The State Of Bihar

2016-04-28Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16861 of 2016 Arising Out of PS.Case No. -304 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Samir Das Son of Nirmal Das,

2. Ashish Das, Son of Dilip Das, Both are Resident of Village - Bangali Collony, Chhatauni, Police Station - Chhatauni, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-04-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 363, 366A, 34 of the Indian Penal Code.

Petitioners and one Sagar Das are said to have kidnapped the informant's grand daughter who had gone to appear in intermediate examination on the alleged date of occurrence. The occurrence is said to have taken place on 16.12.2015 whereas written report was given on 17.12.2015 i.e. after one day of the alleged occurrence. Moreover, investigation against the petitioners has already been completed.

Patna High Court Cr.Misc. No.16861 of 2016 (2) dt.28-04-2016 2/2 No doubt, the victim girl is still traceless but submission on behalf of the petitioners is that the victim was in love with co-accused, Sagar Das and as a matter of fact, she eloped with co-accused, Sagar Das and whereabouts of the victim as well as co-accused, Sagar Das is not known to the petitioners. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioners are in jail custody since 18.12.2015, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 304 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T