Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33848 of 2015 Arising Out of PS.Case No. -85 Year- 2014 Thana -SHYAMPUR BHATHA District- SHEOHAR ====================================================== Shankar Rai son of late Surej Rai resident of village - Kadama, P.S. - Rajepur, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kishore Shahi For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 31-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code.

The prosecution case is that the informant's wife Anjana Kumari and his two minor children were abducted by the petitioner and his sons Mantu and Mintu. It is submitted by learned counsel for the petitioner that since the informant deserted his wife she has performed marriage with the son of the petitioner, namely, Mantu of her own and this fact has been stated by the victim in her 164 Cr.P.C. statement which has been brought on record as

Patna High Court Cr.Misc. No.33848 of 2015 (2) dt.31-08-2015 2/2 Annexure-3 by way of supplementary affidavit. The petitioner happens to be parental uncle of the informant and aged about 75 years.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the 164 Cr.P.C. statement of the victim, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Shyampur Bhataha P.S. Case No. 85 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T