Radheshyam Sah And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.400 of 2016 (3) dt.03-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.400 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Radheshyam Sah son of Budhu Sah

2. Satish Sah @ Satish Pd. Sah son of Ramprit Sah Both are residents of village - Sripur - Sukhashan, Police Station - Kishanpur, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Goutam, Advocate For the Opposite Party/s : Mr. Abhay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Kishanpur P.S. Case No. 124 of 2015 registered for the offences punishable under Sections 363, 364, 366(A and 120(B)/34 of the Indian Penal Code.

Allegedly, the petitioners and other co-accused made Poonam Kumari, aged 14 years the daughter of the informant, traceless when she had gone to attend the call of nature. Submission is of false implication and that the petitioners have been implicated without any basis, they were not seen by any one with the victim, during investigation only it has

Patna High Court Cr.Misc. No.400 of 2016 (3) dt.03-03-2016 come that the petitioner, Radheshyam Sah was seen on another motorcycle alongwith Ram Sah and the petitioner, Satish Sah was seen with the victim girl on the motorcycle which was being driven by Mritunjay Sah and, as such, the petitioners deserve sympathetic consideration to which the learned A.P.P. opposes by submitting that the petitioner, Radheshyam Sah was also seen behind the motorcycle which was being driven by Mritunjay Sah, the son of the petitioner, Radheshyam Sah where the victim girl was forced to sit in the middle and from behind Satish Sah was catching her.

In the facts and circumstances stated above, considering that the petitioners were seen taking away the victim girl and the victim girl is still traceless and, as such, at this stage, this Court is not inclined to enlarge the petitioner on bail and accordingly their such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U T