Pahwari Bhagat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10515 of 2019 Arising Out of PS. Case No.-442 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== 1.

Pahwari Bhagat, S/o Late Sadhu Bhagat, Residents of Village and P.S.- Mairwa, District- Siwan.

2.

Akshay Lal @ Akshay Lal Bhagat @ Akshay Kumar, S/o Pahwari Bhagat Residents of Village and P.S.- Mairwa, District- Siwan 3.

Fulkumari Bhagat @ Phool Kumari Devi, W/o Pahwari Bhagat Residents of Village and P.S.- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Dubey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mairwa P.S. Case No. 442 of 2018, registered under Sections 363 and 366(A)/34 of the Indian Penal Code. The accusation is of kidnapping of minor daughter of the informant by Sawan Bhagat with the help of his father, brother and mother.

Learned counsel for the petitioners submits that in course of investigation, the victim was recovered, whose statement was recorded, as detailed in paragraph 43 of the case

Patna High Court CR. MISC. No.10515 of 2019(4) dt.14-05-2019 2/2 diary, in which, she disclosed that she was kidnapped by only Sawan Bhagat and petitioners being the father, brother and mother of Sawan Bhagat have falsely been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Siwan, in connection with Mairwa P.S. Case No. 442 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T