Rahul Mishra And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.46343 of 2015 (2) dt.01-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46343 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -SHAMBHUGANJ District- BANKA ======================================================
1. Rahul Mishra, Son of Sri Naresh Mishra
2. Nirbhay Mishra alias Prince Both sons of Sri Nirmal Mishra resident of Goira Lakhanpur, P.S. Shambhuganj, District Banka. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. B.P. Pandey, Senior Advocate Mr. P.K. Sinha Mrs. Pallavi Pandey For the Opposite Party/s : Mr. Nityanand Tiwary (App) For the Informant : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 01-12-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State as also learned counsel for the informant. The petitioners pray for anticipatory bail in a case registered under Sections 366 and 34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that the case of the petitioners stands on similar footing as that of the father and mother of the petitioners who have also been named as accused in the first information report and similar allegations have been made against them so far as the abduction of the girl is concerned. It is further submitted that there is no allegation of any sexual assault against these petitioners or any one else and the
Patna High Court Cr.Misc. No.46343 of 2015 (2) dt.01-12-2015 father and mother have been granted anticipatory bail by order dated 14.10.2015 of this Court passed in Cr. Misc. No.45546 of 2015.
Learned counsel for the informant, on the other hand, submits that the victim girl was a minor aged about 14 years and she has supported the allegations made against the accused persons.
On a consideration of the facts and circumstances of the case, it is directed that the petitioners (1) Rahul Mishra and (2) Nirbhay Mishra alias Prince, in the event of their arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each in connection with Shambhuganj P.S. Case No.84 of 2015 to the satisfaction of the S.D.J.M., Banka subject to the other conditions as laid down under Section 438 (2) of the Cr.P.C.
(Ramesh Kumar Datta, J) V.P.Sinha/- U