Harilal Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.34700 of 2017 (3) dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34700 of 2017 Arising Out of PS.Case No. -208 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Harilal Sah Son of Late Bhikhari Sah resident of Village - Semrahiya, Police Station - Chhauradano, District - East Champaran at Motihari. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 29.04.2017 in connection with Muffasil (Lakhaura) P.S. Case No. 208 of 2017 for offence punishable under Section 366(A)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Archana Kumari, aged 15 years had gone for natural call in the night at 8 p.m. and did not return. It is alleged that the petitioner along with other co-accused must have abducted his minor daughter.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.34700 of 2017 (3) dt.11-09-2017 petitioner that he is innocent, and a 73 years old man. Premchand Sah was regular visitor of the informant's house and just because petitioner is father of Premchand Sah, he has been made accused in the present case. He further submits that property dispute is going on between them.

However, learned APP for the State opposes the prayer for bail stating therein that the victim girl had familiar relations with Premchand Sah, son of the petitioner and victim girl has not yet been recovered.

Considering the facts and circumstances and the materials on record, and that the petitioner 73 year old man, let petitioner, above named, be enlarged on 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, Motihari, East Champaran, in connection with Muffasil (Lakhaura) P.S. Case No. 208 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner. (Nilu Agrawal, J) sushma/- U T