Satya Prakash Tiwary @ Dablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15615 of 2019 Arising Out of PS. Case No.-803 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

SATYA PRAKASH TIWARY @ DABLU Son of Hare Ram Tiwary Resident of Village - Bahuaara, P.s.- Dopati, Distt.- Balia (U.P.), presently residing at Mohalla - Majhauli Dharam Das, P.S.- Muzaffarpur Sadar, Distt.- Muzaffarpur.

2.

Babita Devi Wife of Satya Prakash Tiwary @ Dablu. Resident of Village - Bahuaara, P.s.- Dopati, Distt.- Balia (U.P.), presently residing at Mohalla - Majhauli Dharam Das, P.S.- Muzaffarpur Sadar, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Vide order dated 13.3.2019 passed in the present proceeding, petitioner no. 2 above named has already been granted bail.

The petitioner no. 1 seeks bail in a case instituted for the offences under Sections 363, 366A/34 of the Indian Penal Code.

The prosecution case in short is that the accused persons forcibly abducted the daughter of the informant. It has been submitted on behalf of the petitioner no. 1

Patna High Court CR. MISC. No.15615 of 2019(3) dt.15-04-2019 2/2 that the petitioner no. 1 is in custody since 29.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 1. Charge-sheet has been submitted in the present case. The petitioner no. 1 has falsely been implicated in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has stated that she left the house out of her own sweet will and has not supported the allegations made in the F.I.R..

On behalf of the State, it is submitted that the petitioner no. 1 is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner no. 1, above named, be released on bail 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, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 803 of 2018. (Sudhir Singh, J) Pankaj/- U T