Ram Chandra Sada And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13199 of 2017 Arising Out of PS.Case No. -166 Year- 2015 Thana -ALOULI District- KHAGARIA ======================================================

1. Ram Chandra Sada, son of Late Lalo Sada,

2. Mithilesh Kumar @ Mithilesh Sada, son of Ram Chandra Sada, Both are resident of Village- Lalpur, Goriyami, P.S.- Alouli, Dist- Khagaria. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ramesh Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-03-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 19.01.2017 in connection with Alouli P.S. Case No. 166 of 2015 (Suppl.) arising out of G.R. No. 1827 of 2015 for the offences alleged under Sections 366A, 376, 120(B)/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and there is delay in filing the Complaint Case on 12.06.2016 for the alleged occurrence of 09.06.2015 and further delay in institution of the F.I.R. on 16.07.2015. The petitioners are the father and brother respectively of co-accused Mangnu Kumar, the latter having since been acquitted in Sessions Case No. 275 of 2015 by judgment dated 19.04.2016 passed by learned 1st

Patna High Court Cr.Misc. No.13199 of 2017 (2) dt.29-03-2017 Additional Sessions Judge, Khagaria. According to para-9 of the said judgment, P.W.2 being the victim of the case has stated that she was not kidnapped by anyone and no wrong act was done with her.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Alouli P.S. Case No. 166 of 2015 (Suppl.) arising out of G.R. No. 1827 of 2015.

(Vikash Jain, J) Md. Ibrarul/psc U T