Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40976 of 2019 Arising Out of PS. Case No.-684 Year-2018 Thana- AMARPUR District- Banka ====================================================== 1.

ANIL SAH Son of Late Basant Sah Resident of Village- Banarjhop, Police Station- Fullidumar, District- Banka.

2.

Vakil Tanti @ Vakil Kumar Tanti Son of Late Deodatt Tanti Resident of Village- Kushidol, Police Station- Fullidumar, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2019 Heard the learned counsel for petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Amarpur (Fullidumar) P.S. Case No. 684/2018, instituted for offence under Section(s) 364, 302, 120(B), 34 of the Indian Penal Code.

Learned counsel for petitioners has submitted that victim was kidnapped by this petitioner and other accused persons on 22.12.2018 at 2 to 3 P.M. Dead body was recovered and post-mortem was conducted on 23.12.2018 at 3 P.M, but no F.I.R. was lodged. Inquest report was prepared on 23.12.2018 at 11.55 A.M. Witnesses of inquest report are Vinod Sah and Raj Kumar Sah, who are own brothers of deceased. F.I.R. was

Patna High Court CR. MISC. No.40976 of 2019(3) dt.29-08-2019 2/2 lodged on 24.12.2018 at 21.00 hours.

It is alleged in the written report that on the date of occurrence informant, her husband and other family members were busy in construction work of their home. In the meantime, petitioners along with other co-accused arrived on two vehicles and took away husband of informant. It is further alleged that on 23.12.2018, dead body of husband of informant was recovered. Petitioners are in custody since 19.02.2019 and 25.02.2019 respectively.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Amarpur (Fullidumar) P.S. Case No. 684/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) rakhi/- U T