Patna High CourtCR. MISC./342/2015bail granted

Bishwajeet Sahani @ Vishwakarma And ANR. v. The State Of Bihar

2015-01-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.342 of 2015 Arising Out of PS.Case No. -386 Year- 2014 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Bishwajeet Sahani @ Vishwakarma son of Satya Narayan Sahani R/o village - Khairwa Tole Malahi

2. Mukesh Manjhi son of Kuldeep Manjhi R/o village - Bishwanathpur, Both P.S. - Majorganj, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Binod Kumar 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioners, State as well as learned counsel for the informant.

The petitioners seek bail in Majorganj P.S. Case No. 386 of 2014, registered for the offences punishable under Sections 366, 366A and 34 of the Indian Penal Code.

Kalebar Patel the informant made allegation that on 08.11.2014, the petitioners kidnapped Kajal Kumari his minor daughter.

Learned counsel for the petitioners submits that the victim appeared and made her statement under Section 164 of the Cr.P.C. and she denied to have been kidnapped. Learned counsel for the informant while opposing the

Patna High Court Cr.Misc. No.342 of 2015 (2) dt.08-01-2015 prayer for bail submitted that the consent of the victim is immaterial as the victim was minor on the date of occurrence. Be that as it may, the victim denied herself to be kidnapped and stated that her father lodged a false case, the petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S. Case No. 386 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T