Ram Sundar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37958 of 2024 Arising Out of PS. Case No.-109 Year-2021 Thana- KANHAULI District- Sitamarhi ====================================================== 1.
Ram Sundar Sah Son of Late Puran Sah R/O Vill.- Parsa Khurd, P.S.- Kanhauli, Dist.- Sitamarhi 2.
Babu Lal Sah @ Babu Lal Son of Ram Sundar Sah R/O Vill.- Parsa Khurd, P.S.- Kanhauli, Dist.- Sitamarhi 3.
Poonam Devi W/O Babu Lal Sah R/O Vill.- Parsa Khurd, P.S.- Kanhauli, Dist.- Sitamarhi ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar For the Opposite Party/s :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 363, 366(A)/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is next submitted that the informant alleges that on his minor daughter aged about 15 years on 19.07.2021 had gone to purchase some articles from a shop and when she did not return till 7.00 P.M. a
Patna High Court CR. MISC. No.37958 of 2024(2) dt.04-07-2024 2/3 search was made when he came to know that from one Dev Narayan Mahto that he had seen his daughter going from Kanhauli Bazar towards Betahi in an auto along with the accused persons including the petitioners. Accordingly, he went to the house of petitioner no.1 but he did not find anyone present. Again on the next day he went to the house of petitioner no.1 when he informed that his daughter will come back after 56 days, thus, alleges that the accused persons kidnapped his minor daughter.
4. The learned counsel submits that the daughter of the informant was in love with Raj Kumar Sah. It is further submitted that the victim came back and her statement was recorded under section 164 Cr.P.C., wherein she has not supported the case of the prosecution. It is also submitted that petitioners being related to Raj Kumar Sah came to be implicated in the instant case. It is next submitted that petitioner no.3 is own sister of Raj Kumar Sah and petitioner no.2 is husband of petitioner no.3 and petitioner no.1 is father of petitioner no.2. It is submitted that in order to coerce Raj Kumar Sah into submission, his sister along with her family members have been implicated.
4. Learned A.P.P. opposes the prayer for anticipatory
Patna High Court CR. MISC. No.37958 of 2024(2) dt.04-07-2024 3/3 bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Kanhauli P.S. Case No.109/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T