Amresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1453 of 2017 Arising Out of PS.Case No. -168 Year- 2016 Thana -SHEOHAR District- SHEOHAR ====================================================== Amresh Sah, Son of Mukh Lal Sah, Resident of Village- Sugia, Kathsari, P.S. Sheohar, District- Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 10-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sheohar P.S. Case No.168 of 2016 registered under Sections 365, 366 and 366(A)/34 of the Indian Penal Code.

The accusation is of kidnapping the daughter of the informant by one Shambhu Sah and this petitioner on boarding her in Marshal vehicle bearing Registration No.BR-05-4045, which was being driven by the son of Kishori Das.

Learned counsel appearing on behalf of the petitioner submits that, in fact, due to love affair in between the daughter of the petitioner and Shambhu Sah, Shambhu Sah took away the

Patna High Court Cr.Misc. No.1453 of 2017 (3) dt.10-03-2017 2/2 daughter of the informant but with an ulterior motive, the petitioner has also been implicated in this case. Further submission is that it would appear from paragraph-48 of the case diary that Shambhu Sah was apprehended by the police near the Railway Station-Muzaffarpur and on his disclosure, the victim, the daughter of the informant, was recovered near the tree but the statement of the victim under Section 161 of the Code of Criminal Procedure was not recorded by the police and police submitted the chargesheet on investigation. The petitioner having no criminal antecedent is in custody since 24.09.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge, POCSO, Sheohar, in connection with Sheohar P.S. Case No.168 of 2016. (Rajendra Kumar Mishra, J) P.S./- U T