Patna High CourtCR. MISC./312/2015bail granted

Satrudhan Sah v. The State Of Bihar

2015-01-07Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.312 of 2015 (2) dt.07-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.312 of 2015 Arising Out of PS.Case No. -95 Year- 2014 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Satrudhan Sah, son of Sheo Shankar Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and admittedly, the first information report was lodged on the basis of complaint petition bearing Complaint Petition No. 1531 of 2014/75 of 2014. The aforesaid complaint case was filed on 14.08.2014 and in the aforesaid complaint case, informant claimed that petitioner and other accused forcibly took away his wife but just after the alleged occurrence informant gave a written report to officer in charge of concerned police station on 03.06.2014 in which he did not claim himself to be eye witness of the alleged occurrence. The victim has already returned to her home and her statement has been recorded under Section 164 of the Cr.P.C. in which she repeated the story of complaint case and also stated that

Patna High Court Cr.Misc. No.312 of 2015 (2) dt.07-01-2015 after four months of the alleged occurrence, the petitioner and other accused dropped her at Chapra and, therefore, it is obvious from the aforesaid statement that the victim was neither recovered from possession of the petitioner nor petitioner was caught along with the victim. It appears that when the victim returned to her home, she was tutored and made statement under Section 164 of the Cr.P.C. under influence of her husband.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Mohammadpur P.S. Case No. 95 of 2014.

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