Mukesh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19287 of 2021 Arising Out of PS. Case No.-79 Year-2020 Thana- ISHIPUR District- Bhagalpur ====================================================== 1.
Mukesh Kumar Sah S/O Ashok Sah R/O Village-Barahat, P.S.-ISHIPUR Barahat, District- Bhagalpur 2.
Ashok Sah S/O Shankar Sah R/O Village-Barahat, P.S.-ISHIPUR Barahat, District- Bhagalpur 3.
Sulochana Devi W/O Ashok Sah R/O Village-Barahat, P.S.-ISHIPUR Barahat, District- Bhagalpur 4.
Pallavi Kumari D/O Ashok Sah R/O Village-Barahat, P.S.-ISHIPUR Barahat, District- Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Bihari Singh, Advocate For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in a
Patna High Court CR. MISC. No.19287 of 2021(2) dt.01-02-2022 2/3 case registered under Sections 363 and 366A of the Indian Penal Code.
The prosecution allegation, in short, is that the accused persons including the petitioners abducted the victim for the purpose of marriage.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. The same is Annexure-2 to the supplementary affidavit filed in the present application. In the said statement, the victim has stated that she has left the house out of her own will and got married with one Ravi Kumar Sah. The petitioners are the relatives of Ravi Kumar Sah. The victim has not supported the allegations made in the F.I.R. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19
Patna High Court CR. MISC. No.19287 of 2021(2) dt.01-02-2022 3/3 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M.- IX, Bhagalpur in connection with Ishipur Barahat P.S. Case No. 79/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T