Nand Kishore Sah And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27216 of 2016 Arising Out of PS.Case No. -178 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================
1. Nand Kishore Sah Son of Tilak Sah.
2. Salia Devi Wife of Mahendra Sah. Both are Resident of VillageRaghunia, P.S. Kumarkhand, District- Madhepura. .... .... Petitioners
Versus
1. The State of Bihar
2. Lochan Sharma Son of Late Bhato Sharma, R/o Village Tikulia, P.S. Kumarkhand, District- Madhepura.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Complaint Case No.178 of 2015 for the offences instituted under Sections 323, 365 and 120'B' of the Indian Penal Code.
As per complaint petition, the allegation against the petitioners is that on 07.04.2015 in the night while the daughterin-law of the complainant namely Priyanka Devi @ Mahjeda Khatoon was sleeping in her house then the petitioners and coaccused persons under conspiracy kidnapped Priyanka Devi @ Mahjeda Khatoon in order to marry with her illegally or for some
Patna High Court Cr.Misc. No.27216 of 2016 (2) dt.11-07-2016 2/2 bad intention.
It is submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. From perusal of the complaint case, it appears that the alleged occurrence is said to have taken place on 07.04.2015 but the complaint petition was filed on 15.04.2015. No explanation regarding delay has been made by the prosecution. It is further submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case due to village politics.
On behalf of the State, it is submitted that the petitioners are named in the complaint petition. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of C.J.M., Madhepura, in connection with Complaint Case No.178 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T