Ganesh Sah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.39792 of 2017 (4) dt.12-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39792 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -DUMRA District- SITAMARHI ======================================================

1. Ganesh Sah, Son of Bhutta Sah, R/o Village- Bangaon Got, P.S. Bathnaha, District- Sitamarhi.

2. Binod Sah, Son of Nandeshwar Sah

3. Ram Kali Devi, Wife of Binod Sah, Both R/o Paroha,P.S. Dumra, District Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Samshi Alam, Advocate. For the Opposite Party/s : Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-12-2017 Heard, Mr. Samshi Alam, learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Dumra P.S. Case No. 89 of 2017, registered under Sections 363, 366A, 504 and 506/34 of the Indian Penal Code. The accusation is that daughter of the informant, who was the student of intermediate, had gone to the house of Binod Sah (petitioner no.2), but she did not return. When the informant made query to Binod Sah (petitioner no.2) then he was threatened saying that his daughter had came and talked to his brother-in-law and his friend, but he did not know where his daughter has gone. Thereafter,

Patna High Court Cr.Misc. No.39792 of 2017 (4) dt.12-12-2017 the informant went to the house of Ganesh Sah (petitioner no.1), brother-in-law of petitioner no. 2, then he disclosed that his son has taken the daughter of informant at Delhi. The informant raised suspicion having hand of petitioners and three others named in the F.I.R. about kidnapping of his daughter under conspiracy. Learned counsel for the petitioners submits that it would appear from the F.I.R. that the daughter of the informant was the student of intermediate class at the time of occurrence. In fact, she left the house with Nandu and performed the marriage at Arya Samaj Mandir according to her own sweet will, which would appear from annexure 2 to the petition.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No. 89 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T