Sandeep Kumar Sah @ Sandeep Kumar @ Sandeep Sah @ Chhotu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20908 of 2015 Arising Out of PS.Case No. -146 Year- 2014 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Sandeep Kumar Sah @ Sandeep Kumar @ Sandeep Sah @ Chhotu Sah. Son of Ram Prasad Sah. Resident of village - Madhukarpur, P.S.- Kanhauli, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajan For the Opposite Party/s : Mr. Shailendra Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-07-2015 Heard Mr. V.R.P.Singh for the petitioner and Mr. Shailendra Kumar, APP for the State.

Petitioner, along with parents, was made accused in Majorganj P.S. Case No. 146 of 2014 registered under sections 363 and 366(A)/34 of the Indian Penal Code.

Admittedly, the F.I.R. has been lodged by the father of the victim suspecting that his minor daughter was kidnapped/abducted by the accused persons including the petitioner. Learned counsel for the petitioner has drawn attention of the Court to the statement which the girl made under Section 164 Cr.P.C. as also the assessment of age made by the Magistrate. The girl has not alleged her kidnapping or abduction at the hands of the petitioner.

Considering the above, I direct in the event of arrest or

Patna High Court Cr.Misc. No.20908 of 2015 (2) dt.07-07-2015 2/2 surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Majorganj P.S. Case No. 146 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T