Rabi Shankar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63368 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -MADHWAPUR District- MADHUBANI ======================================================

1. Rabi Shankar Sah Son of Shivaji Sah

2. Rajani Devi wife of Rabi Shankar Sah Both Resident of Village-Chahuta, P.S.

Kamtaul Distt.-Madhubani at present village and P.S.

Madhwapur,Distt.-Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gyanendra Kumar Shukla, Adv. For the Informant : Mr. Gagandeo Yadav, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the petitioners learned counsel for the informant and learned A.P.P. for the State. Petitioners seek bail in Madhwapur P.S. Case No. 45/2018, registered for the offences punishable under Sections 365, 366(A) and 34 of the Indian Penal Code.

It is alleged that two accused persons forcibly kidnapped the daughter of the informant on a motorcycle and two persons helped them in kidnapping the girl.

It has been submitted that petitioners have falsely been implicated in this case due to enmity. They are not named in the F.I.R. On suspicion they have been arrested. Petitioner no. 1 is working in N.K.H.W.S. (India) Ltd., and living in Delhi with his

Patna High Court Cr.Misc. No.63368 of 2018 (2) dt.29-10-2018 2/2 wife (petitioner no. 2).

Petitioners have no criminal antecedent. They are in custody since 21.07.2018.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Benipatti, Madhubani in connection with Madhwapur P.S. Case No. 45/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Vinita/- U T