Shyam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23979 of 2023 Arising Out of PS. Case No.-632 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== SHYAM SAH Son of Jhagru Sah R/V- Sonki, PS- Sadar (Sonki O.P) distDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sadar (Sonki O.P.) P.S. Case No. 632 of 2022 registered for the offence under Sections 341, 342, 363, 354B, 506/34 of the Indian Penal Code.

The prosecution story in short is that the informant is a married lady whose husband is living outside his village to earn his livelihood. On 02.10.2022 at 9.30 PM, 4-5 persons riding on bikes arrived and kidnapped her on the point of fire arms. It is further alleged that they have taken the informant to a

Patna High Court CR. MISC. No.23979 of 2023(2) dt.18-05-2023 2/3 secluded place and did not allow her to raise alarm. It is further alleged that the accused persons tore her clothes and when she tried to escape they did not allow her to do so. It is alleged that she identified the persons as Shyam Sah (petitioner), Chandan Kumar, Laxman Sahni, Ram Babu Sahni and two other persons. Learned counsel for the petitioner submits that the petitioner is in custody since 13.11.2022 and the petitioner is innocent and falsely been implicated in this case. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the period of custody, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Darbhanga in connection with Sadar (Sonki O.P.) P.S. Case No. 632 of 2022.

The petitioner will visit Sadar (Sonki O.P.) Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of

Patna High Court CR. MISC. No.23979 of 2023(2) dt.18-05-2023 3/3 bail bond of the petitioner.

(Sandeep Kumar, J) Shishir/- U T