Rameshwar Sah @ Rameshwar Prasad Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51548 of 2016 Arising Out of PS.Case No. -182 Year- 2016 Thana -AMARPUR District- BANKA ======================================================

1. Rameshwar Sah @ Rameshwar Prasad Sah, son of Late Sahdeo Sah

2. Panna Devi, Wife of Rameshwar Sah

3. Awdesh Kumar @ Awdesh Kumar Gupta, Son of Rameshwar Sah

4. Khushboo Gupta @ Kushboo Gupta, Wife of Awdesh Kumar, All are residents of village - Vijay Hat Mohna, Police Station - Rajoun, District : Banka.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Rajesh Kumar, Advocate For the Opposite Party : Mr. Narsingh Tanti (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Amarpur (Fullidumar) P.S. Case No. 182 of 2016, registered for the offences punishable under Sections 323, 504 and 364(A) of the Indian Penal Code.

Allegedly, the minor daughter of the informant was kidnapped by Vikash Kumar and when the informant asked about his daughter from these petitioners they started assaulting and abusing him and caused threats to kill him.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.51548 of 2016 (2) dt.19-12-2016 2/2 victim girl during investigation has appeared and her statement has been recorded under Section 164 of Cr.P.C. wherein she has stated only about Vikash Kumar, there is no allegation against the petitioners, being victim of circumstances, petitioners deserve sympathetic consideration.

The learned A.P.P. fairly submits that against the petitioners there is only allegation against them for abusing and assaulting.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur (Fullidumar) P.S. Case No. 182 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T