Patna High CourtCR. MISC./56010/2015partly allowed disposal

Santosh Rai And ANR. v. State Of Bihar And ANR

2016-01-21Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56010 of 2015 Arising Out of PS.Case No. -174 Year- 2014 Thana -RAGHOPUR District- SUPAUL ======================================================

1. Santosh Rai Son of Bindeshwar Rai

2. Ravindra Sah son of lakshman Sah Both are Resident of Finglas ward no. 11, P.s Raghopur, District Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. jalauddin son of Late Md. Shainul R/o Finglas ward no. 10, P.s Raghopur District Supaul.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-01-2016 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a case under sections 365, 366A/34 of the IPC.

As per the prosecution case, the informant's daughter, aged about 14 years, went missing since 08.07.2014. The informant suspected the involvement of the petitioners as mobile No. of petitioner No.2 was found in the copy book of the victim. When the son of informant rang up on the said No., he identified the voice of his sister on the other side whereafter the phone was disconnected.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.56010 of 2015 (3) dt.21-01-2016 2/2 informant has subsequently filed a petition stating that petitioners are innocent.

Having regard to the facts and circumstances of the case, let the petitioner No.1, Santosh Rai, in the event of arrest/ surrender be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the lime amount each to the satisfaction of Sub-divisional Judicial Magistrate, Birpur (Supaul) in connection with Raghopur P.S. case No. 174 of 14, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Prayer for anticipatory bail of petitioner No.2, Rabindra Sah, is refused with a direction to surrender in the court below and pray for regular bail.

(Samarendra Pratap Singh, J) BKS/- U T