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Patna High CourtCR. MISC./6196/2016bail granted

Uday Kumar @ Uday Kumar Rai And ORS v. The State Of Bihar

2016-02-26Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6196 of 2016 Arising Out of PS.Case No. -141 Year- 2015 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. Uday Kumar @ Uday Kumar Rai son of Late Ram Suresh Rai, Resident of Mohalla- Waruna Rasalpur, P.S.- Sarai Ranjan, District- Samastipur

2. Dhiru Rau, Son of Ram Dev Rai, Resident of Mohalla- Waruna Rasalpur, P.S.- Sarai Ranjan, District- Samastipur

3. Halindra Kumar @ Halindra Rai, Son of Ram Dev Rai, Resident of Mohalla- Waruna Rasalpur, P.S.- Sarai Ranjan, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mani Bhushan Kumar For the Opposite Party/s : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-02-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sarai Ranjan P.S Case No. 141/2015 registered for offences punishable under Sections 363, 366A/34 of the Indian Penal Code. The prosecution case, in brief, is that on 21.08.2015 the informant's daughter went to Chaklal Shahi Branch, State Bank of India to bring pass book and did not return till evening. As the informant's daughter could not be found after search, it has been alleged connivance of F.I.R. named accused persons in kidnapping for the purpose of selling, marriage and doing bad act. It is further alleged that certain mobile call had come and when he asked for return of his daughter they abused and has given threatening.

Patna High Court Cr.Misc. No.6196 of 2016 (3) dt.26-02-2016 2/2 It has been submitted by the learned counsel for the petitioners that the petitioners are innocent, having no criminal history and have been falsely implicated in the aforesaid case. It has further been submitted that in the supervision note, which is in para-55 of the case diary it has come that the petitioners are not involved in kidnapping of the minor girl rather the main accused is one Jai kant Rai.

However, learned A.P.P. for the State opposes the prayer for bail and submits that the petitioners are named in the F.I.R.

Be that as it may, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of eight weeks from today 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, Samastipur in Sarai Ranjan P. S. Case No. 141/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.

(Nilu Agrawal, J) Sudha/- U T