Patna High CourtCR. MISC./28400/2019bail granted

Binod Sah v. The State Of Bihar

2019-05-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28400 of 2019 Arising Out of PS. Case No.-126 Year-2012 Thana- MADHUBAN District- East Champaran ====================================================== BINOD SAH Son of Late Nathuni Sah Resident of Village - Narhar, Pakri, P.S.- Pipra, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Singh For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Madhuban P. S. Case No. 126 of 2012 instituted for the offence under Section(s) 366 and 363 of the Indian Penal Code.

Learned counsel for petitioner submits that victim is married lady aged 29 years. There is no allegation of any specific overt act against this petitioner. She has moved with this petitioner for about 4 months as per her statement given U/s 164 Cr.P.C.

The informant has alleged in the written report that his wife has been kidnapped by this petitioner. The statement of the victim has been recorded U/s 164 Cr.P.C. , wherein, she has stated different story. She has stated that she lived with this

Patna High Court CR. MISC. No.28400 of 2019(2) dt.01-05-2019 2/2 petitioner for 4 months at different place. Learned counsel for petitioner submits that now compromise has also taken place between the parties. Petitioner is in custody since 01.3.2019 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, 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 the ACJM-4th Motihari East Champaran, in connection with Madhuban P. S. Case No.126 of 2012 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T