Saroj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.393 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Saroj Sah Son of Doman Sah Resident of Dhanauzi, P.S. - Pakridayal, District - East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rama Singh, son of late Posan Singh, resident of village- Dhanavji, P.S.- Pakridayal, District- East Champaran.

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

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Sunil Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Pakridayal P.S. Case No.42 of 2015, disclosing offences under Sections 366(A)/34 of the Indian Penal Code. The daughter of the informant was found missing since 2.3.2015. Raising suspicion that the petitioner and other accused persons, who were regular visitors in the house of the informant, they might have been instrumental in kidnapping of the girl, F.I.R. came to be lodged on 7.3.2015 implicating the petitioner and others.

Learned counsel for the petitioner has submitted that there is nothing more than suspicion to implicate the petitioner in

Patna High Court Cr.Misc. No.393 of 2016 (5) dt.20-07-2016 2/2 the present case. He has drawn my attention to an affidavit sworn by the victim to the effect that she had left the villager out of her own volition. Learned counsel for the petitioner has submitted that to the best of information available, the victim is residing in Delhi. Despite service of notice upon opposite party no.2, there is no representation on his behalf.

Considering the aforesaid facts and circumstances, let the petitioner above-named, in the event of his arrest/surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, District- East Champaran in connection with Pakridayal P.S. Case No.42 of 2015, subject to the conditions as laid down under Section 438 of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) N.H./- U T