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Patna High CourtCR. MISC./47468/2016bail granted

Ram Shankar Shao @ Rama Shankar Sah v. The State Of Bihar

2017-01-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47468 of 2016 Arising Out of PS.Case No. -417 Year- 2014 Thana -BAHERA District- DARBHANGA ======================================================

1. Ram Shankar Shao @ Rama Shankar Sah S/o Late Ram Sagar Shao @ Ram Sagar Sah Resident of Village- Jale P.S. Jale District Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Bahera P.S. Case No. 417 of 2014 for the offences punishable under sections 363, and 365/34 of the I.P.C.

Allegedly, with the aid and assistance of Minu Kumari, the daughter of the informant aged 17 years, was kidnapped by three unknown persons. During investigation the statement of the victim girl has been recorded wherein she has not stated the names of three persons who have kidnapped her but has stated the name of Minu Kumari. During investigation in the statement of the witnesses only suspicion has been raised against

Patna High Court Cr.Misc. No.47468 of 2016 (3) dt.16-01-2017 2/2 the petitioner and besides that there is nothing against him. Submission is that the petitioner is not named in the FIR, the victim in her statement has not stated the name of the petitioner, the witnesses during investigation only have raised suspicion against the petitioner and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that besides suspicion there is nothing against the petitioner. In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. A.C.J.M. Benipur (Darbhanga) in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T