Hiralal Sah And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.44238 of 2017 (4) dt.16-10-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44238 of 2017 Arising Out of PS.Case No. -152 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Hiralal Sah, Son of Ram Chandra Sah,
2. Kishundeo Sah, Son of Late Udho Sah, Both residents of VillageNayagaon Mahuawa, P.S.- Piprahi, District- Sheohar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard the parties.
This application is for grant of regular bail in connection with Dhaka P.S.Case No.152 of 2016 for the offences punishable under Sections 364, 365/34 of the Indian Penal Code. Allegation against the petitioners is of kidnapping the son of the informant.
Submission of the learned counsel for the petitioners is that statement of the boy has also been recorded under Section 164 Cr.P.C., in which he has not named any accused person including the petitioner. Further the petitioner has been falsely implicated as he had gone to the shop of the informant. Heard learned A.P.P. also, who has opposed the
Patna High Court Cr.Misc. No.44238 of 2017 (4) dt.16-10-2017 prayer for bail on the ground that though the boy has not named the petitioners but in the CCTV footage the petitioners was identified and it is alleged that the petitioners had went there to demand of extortion from the informant.
Having heard both sides and in view of facts and circumstances, as stated above, I am not inclined to grant bail to the petitioners at this stage, however, once the charge is framed in this case, the learned trial court shall release the petitioners to his own satisfaction.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T