Chhote Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 39301 of 2019 Arising Out of P.S. Case No.-168 Year-2018 Thana- MASHRAK District- Saran ====================================================== 1.

CHHOTE LAL SAH, aged about 46 years, male, Son of Late Jaleshwar Sah Resident of Village- Bangra, Paschim Tola, P.O.- Dumarsan Bazar, P.S.- Mashrakh, District- Saran at Chapra.

2.

Harendra Sah, aged about 41 years, male, Son of Late Jaleshwar Sah Resident of Village- Bangra, Paschim Tola, P.O.- Dumarsan Bazar, P.S.- Mashrakh, District- Saran at Chapra.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Jeetendra Narayan, Advocate For the Opposite Party :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State and perused the case diary.

The petitioners are apprehending their arrest in connection with Mashrakh P.S.Case No.168 of 2018 registered for the offences punishable under Sections 363, 366, 364, 370 and 34 of the Indian Penal Code.

As per prosecution case, it is alleged by the informant that the petitioners are neighbours of the informant and the petitioners have engaged in hotel business and they wanted to engage the informant's son as a staff in hotel as monthly salary of Rs.3,000/- per month, but the petitioners did not give any

Patna High Court CR. MISC. No. 39301 of 2019(4) dt.11-09-2019 2/3 money regularly to the informant's son and also alleged that the son of the informant, namely, Tufan Kumar, aged about 14 years was disappeared by the accused persons including the petitioners.

It is submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case due to dirty village politics as well as extorting the money from the petitioners. It is further submitted that save and except suspicion, there is no allegation against the petitioners. There is no eye witness to the alleged occurrence. Apart from that petitioners have got clean antecedent.

Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released 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 learned Additional Chief Judicial Magistrate-VI, Saran at Chapra/successor Court in connection with Mashrakh P.S.Case No.168 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case,

Patna High Court CR. MISC. No. 39301 of 2019(4) dt.11-09-2019 3/3 failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Prabhat Kumar Singh, J) B.Kr./- U T