Bihari Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42390 of 2021 Arising Out of PS. Case No.-224 Year-2020 Thana- BASOPATTI District- Madhubani ====================================================== 1.

BIHARI SADA Son of Late Jaage Sada Resident of Village - Ward No. 2, Mushari Tola, Madhiya, P.S. - Basopatti, District- Madhubani. 2.

Sikiliya Devi Wife of Bihari Sada Resident of Village - Ward No. 2, Mushari Tola, Madhiya, P.S. - Basopatti, District- Madhubani. 3.

Ajay Sada Son of Bihari Sada Resident of Village - Ward No. 2, Mushari Tola, Madhiya, P.S. - Basopatti, District- Madhubani. 4.

Vijay Sada Son of Bihari Sada Resident of Village - Ward No. 2, Mushari Tola, Madhiya, P.S. - Basopatti, District- Madhubani. 5.

Babita Devi Wife of Ajay Sada Resident of Village - Ward No. 2, Mushari Tola, Madhiya, P.S. - Basopatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Shubham For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

At the very out set, learned counsel for the petitioners submits that due to typographical error the parentage of

Patna High Court CR. MISC. No.42390 of 2021(2) dt.11-04-2022 2/3 petitioner no.4-Vijya Sada has been typed as Ram Lochan Mandal, in place of Bihari Sada.

Learned counsel for the petitioners is directed to make necessary correction in course of the day.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 363, 366A, 504 and 506/34 of the Indian Penal Code.

The allegations against the petitioners is that they kidnapped the daughter of the informant along with co-accused Raju Sada with mala fide attitude.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They have been falsely implicated in this due to ulterior motive. The whole family of co-accused Raju Sada has been falsely implicated in this case. As a matter of fact, during the course of investigation, the victim was recovered and in her statement made under Section 164 Cr.P.C. she has stated that she was in love in with Raju Sada and they got married voluntarily and she is living with her husband. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the

Patna High Court CR. MISC. No.42390 of 2021(2) dt.11-04-2022 3/3 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. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Basopatti P.S. Case No. 224 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T