Patna High CourtCR. MISC./33733/2016bail granted

Bharat Sharma And ORS v. The State Of Bihar

2016-09-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33733 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Bharat Sharma son of Brij Lal Sharma.

2. Rajiv Ranjan @ Rajiv Ranjan Saha son of Bimal Chandra Sah @ Kamal Both residents of Village- Aalepur, P.S. Barsoi, District- Katihar.

3. Tulu Sah @ Tulu Saha son of Manik Chand Sah.

4. Belpat Sah @ Ajay Kumar Saha son of Sukdeo Sah

5. Tulsi Sah @ Tulsi son of Sukdeo Sah

6. Arjun Sah @ Arjun Saha son of late Ranjit Sah Petitioner Nos. 3 to 6 are residents of Village Bajitpur, P.S. Barsoi, Dist- Katihar.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Bimal Kumar, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 366(A)/34 of the Indian Penal Code registered in connection with Balrampur P.S. Case No. 20 of 2016.

3. It is submitted that the petitioners have been falsely implicated as it is a case of elopement by the informant's daughter with co-accused Belpat Sah @ Ajay Kumar Saha, petitioner no. 4. The informant's daughter has clearly stated in her deposition under Section 164 Cr. P.C. that she had voluntarily gone with the petitioner no. 4 and she had not been forced by anyone. Her age has been assessed as 18 years.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or

Patna High Court Cr.Misc. No.33733 of 2016 (2) dt.05-09-2016 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Katihar in connection with Balrampur P.S. Case No. 20 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Vikash Jain, J) Md. Ibrarul/BT U T