Patna High CourtCR. MISC./42908/2015bail granted

Dineshwar Prasad And ANR. v. The State Of Bihar

2015-11-09Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.42908 of 2015 (3) dt.09-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42908 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dineshwar Prasad Son of Late Rudal Sah,

2. Kailash Patel S/o Late Madu Patel Both Resident of Village - shugha Bhawani, P.S. - Kangali, District - West Champaran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sanjeev Kumar For the Opposite Party : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2015 Heard the counsel for the petitioners and counsel for the State.

The petitioners are languishing in jail since 13.07.2015 in a case instituted under Sections 366A/34 of the Indian Penal Code.

As per prosecution case, it is a case of kidnapping of informant's daughter for the purpose of marriage by the accused persons.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 13.07.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioners. As per the prosecution case, the

Patna High Court Cr.Misc. No.42908 of 2015 (3) dt.09-11-2015 victim girl is said to have been abducted for the purpose of marriage. From perusal of para-6 of the case diary, it appears that there was a love affair between the victim and one Shital Patel, with whom she had eloped. In the statement made under Section 164 Cr.P.C, the victim has not made any allegation of misbehaviour against the petitioners. The other co-accused has been granted bail by this Court vide Cr.Misc.No.37951 of 2015. On behalf of the State, it has been submitted that the petitioner no.2 is named in the FIR though petitioner no.1 is not named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioners 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 learned CJM, Bettiah, West Champaran in connection with Kangali P.S.Case No.07 of 2015.

(Sudhir Singh, J) B.Kr./- U T