Rita Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21132 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================
1. Rita Devi, Wife of Shatrughna Sah,
2. Pawan Sharma, Son of Late Amir Thakur, Both are Resident of VillageMadarna, P.S.- Vaishali, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar, Advocate. For the Opposite Party/s : Mr. B. N. Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-05-2017 Heard both sides.
The petitioners seek bail in Vaishali P.S. Case No. 44 of 2017 registered under Sections 364 and 120B of the Indian Penal Code.
The informant alleged that two unknown persons came to his Darwaja on a motorcycle and took away his two years old son. The informant suspected that Rita Devi and Pawan Sharma (petitioners), Mohan Sharma and Naresh Paswan might have kidnapped his son.
Leanred counsel for the petitioners submits that the petitioners were apprehended from their house immediately after the occurrence. After two hours of the occurrence, victim boy
Patna High Court Cr.Misc. No.21132 of 2017 (2) dt.10-05-2017 2/2 was recovered from Vaishaligadh which is 10 K.M. away from the place of occurrence. On mere suspicion, the petitioners have been implicated in the case on account of land dispute. On the other hand, the learned counsel for the informant and learned APP opposed prayer for bail, but could not able to show any incriminating material so show the involvement of the petitioners in kidnapping the son of the informant. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail 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, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 44 of 2017.
(Prabhat Kumar Jha, J) Mishra/- U T