Suresh Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39965 of 2016 Arising Out of PS.Case No. -385 Year- 2016 Thana -HAJIPUR District- VAISHALI (HAJIPUR) ======================================================
1. Suresh Sah, son of late Jagdish Sah @ Gaya Sah
2. Ilaichi Devi, wife of Suresh Sah Both resident of Village-Bara Smela, P.S.-Kurhani, District-Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Ms. Bela Singh, Advocate. For the Opposite Party/s : Ms. Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.
The petitioners, namely, Suresh Sah and Ilaichi Devi, apprehend their arrest in Hajipur Town P.S. Case No. 385/16 registered under Sections 366A, 120B/34 of the Indian Penal Code.
The informant named the petitioners along with other accused persons and alleged that they kidnapped her daughter but the victim made her statement under Section 164 Cr.P.C. and disclosed that the maternal aunt of Sujit called her and offered egg. After taking egg, she became unconscious. Shakuni Devi, maternal aunt of Sujit, and Sujit took her to different places and Sujit solemnized marriage with her. It is submitted that the victim did not name the petitioners, who happen to be the father and the mother of Sujit.
Patna High Court Cr.Misc. No.39965 of 2016 (2) dt.20-09-2016 2/2 Considering the facts aforesaid and the fact that the victim herself did not name the petitioners for her kidnapping, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in Hajipur Town P.S. Case No. 385/16, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T