Prem Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22645 of 2019 Arising Out of PS. Case No.-107 Year-2018 Thana- BASANHI District- Saharsa ====================================================== 1.
Prem Lal Sah, aged about 48 years (M), Son of Jamuna Sah @ Jamun Sah 2.
Bikki Sah @ Bikki, aged about 22 years (M), Son of Prem Lal Sah, All Residents of Village-Bariban, P.S-Basnahi, District-Saharsa. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case registered for the offence punishable under Sections 363, 365/34 of the Indian Penal Code.
The prosecution case is that as per written report of Sharwan on 14.09.2018 at about 4.00 PM 10 years old boy of the informant namely Navin Kumar was playing around Bariban school and from there he went traceless. After hectic search informant when reached at the Police Station he got information of the fact that named accused persons have conspired for abduction. Accused persons were telling that boy cannot be found out. The occurrence took place on 14.09.2018 and FIR has been lodged on 11.10.2018 after lapse of 27 days.
Patna High Court CR. MISC. No.22645 of 2019(3) dt.31-07-2019 2/2 Learned counsel for the petitioners have admitted enmity with the informant as because co-accused Fekni Devi has filed a case against the father-in-law and mother-in-law of the informant vide Complaint Case No. 787/2018. Again he submitted that father-in-law and mother-in-law of the informant have been pressurized for compromise to accused co-accused Fekni Devi but she denied. There is one another criminal case against the petitioner no. 1 in Basnahi P.S. Case No. 45/2014 but he is on bail. There is no specific allegation against the petitioners. The petitioner no. 1 is in jail custody since 06.11.2018 and petitioner no. 2 is in jail custody since 23.12.2018.
Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Basnahi P.S. Case No. 107/2018 to the satisfaction of the learned A.C.J.M.- III, Saharsa.
(Anjani Kumar Sharan, J) amitkumar/- U T