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Patna High CourtCR. APP (SJ)/1289/2019allowed

Meghu Sah v. The State Of Bihar

2019-04-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1289 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- RAJEPUR District- East Champaran ====================================================== 1.

MEGHU SAH Son of Late Sukhari Sah, Resident of Village-Bhuwalidih, P.S-Rajepur, District-East Champaran.

2.

Surti Devi Wife of Meghu Sah, Resident of Village-Bhuwalidih, P.SRajepur, District-East Champaran. ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 12-04-2019 The appellants seek pre arrest bail in connection with Rajepur P.S. Case No. 105 of 2018, registered for offences punishable under Sections 341, 323, 379, 354(B), 504 and 34 of the Indian Penal Code and Section 3 (i)(r)(s) of SC/ST Act.

Allegation against the appellants is of enticing away the minor daughter of the informant.

It has been submitted on behalf of the appellants that from the statement of girl recorded under Section 164 Cr.P.C., it is evident that the girl was taken away by Ravindra Kumar, who is son of the appellants and the appellants have been dragged in this case only because they happen to be father and mother of co-accused Ravindra Kumar and except that there is no allegation against them. Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.1289 of 2019 dt.12-04-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge- cum-Special Judge SC/ST (POA) Act, East Champaran at Motihari, in connection with Rajepur P.S. Case No. 105 of 2018, subject to the conditions laid down under Section 438

(2) of Cr.P.C.

Accordingly, this appeal is allowed and impugned order is set aside.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date