Samarnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21251 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.

SAMARNATH SINGH, S/o Late Binda Singh @ Bindo Singh R/o VillageKshema, P.S.- Sheikhopur Sarai, District- Sheikhpura 2.

Bandana Devi, W/o Sri Samarnath Singh R/o village- Kshema, P.S.- Sheikhopur Sarai, District- Sheikhpura ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 Petitioners seek bail in anticipation of their arrest in connection with Sheikhopur Sarai P.S. Case No. 45 of 2018 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

FIR disclosed that minor daughter of the informant was enticed by the petitioners and when the informant inquired about his daughter, he was told by the petitioners that they would send his daughter to his home but she has not come.

Submission of learned counsel for the petitioners is that there was love affair with their son and the girl and as such they have falsely been implicated in this case.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioners on the ground that the girl is still

Patna High Court CR. MISC. No.21251 of 2019(2) dt.09-05-2019 2/2 traceless and the petitioners are named in the FIR. In view of above facts and circumstances, let petitioner No.2, being a lady, in the event of her surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Sheikhpura, in connection with Sheikhopur Sarai P.S.Case No. 45 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. So far petitioner No.1 is concerned, I am not inclined to grant the privilege of anticipatory bail to him. He should surrender and make prayer for regular bail, which shall be considered on the basis of materials available on the record.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T