Tetar Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24957 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- BHEJA District- Madhubani ======================================================

1. Tetar Sadai, S/o Lalo Sadai @ Laloo Sadai.

2. Lalo Sadai @ Laloo Sadai, S/o Late Mangal Sadai.

3. Pano Devi, W/o Lalo Sadai @ Laloo Sadai.

4. Jamun Sadai, S/o Late Lakshman Sadai.

All R/o Village-Bheja, P.S. Bheja, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Bheja P.S. Case no. 11 of 2019 registered under Sections 363, 366(A)/34 of the Indian Penal Code. Petitioners are said to have kidnapped the minor daughter of the informant while she had gone for defecation. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have been falsely implicated in this case. The victim was not recovered from the house of the petitioners rather from the road near Hanuman temple located in village Barsam. They have no criminal antecedent.

Per contra, learned APP for the State opposed the

Patna High Court CR. MISC. No.24957 of 2019(2) dt.18-04-2019 2/2 bail prayer of the petitioners.

From perusal of confessional statement of the victim, it appears that in her confessional statement, she has stated that the petitioner nos. 1, 2 and 3 had kidnapped her and kept in a room, from where she was recovered. She has not taken the name of the petitioner no. 4 in the occurrence. In the facts and circumstances of the case, I am not inclined to enlarge the petitioner nos. 1 to 3 on bail. Accordingly, their prayer is rejected.

So far as the petitioner no. 4 is concerned, he is directed to be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Jhanjharpur, DistrictMadhubani in connection with Bheja P.S. Case no. 11 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Accordingly, this bail petition shall stand disposed of. (Prakash Chandra Jaiswal, J) rohit/- U T