Niraj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37019 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -PARSA District- SARAN ====================================================== Niraj Kumar Sah son of Manager Sah resident of Village Mukund Banauta P.S. Parsa District Saran, Chapra.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar, Adv. For the Opposite Party/s : Mr. B.N. Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-11-2015 Heard both sides.

The petitioner apprehends his arrest in Parsa P.S. Case No. 87/2015, registered for the offences punishable under Sections 366A, 504 of the Indian Penal Code.

The informant alleged that in the night of 16.06.2015 his daughter aged about 12 years was found missing from the house. During course of search, one joint photo of his daughter and one Mitranjan Baitha was found. The informant enquired from the family members of Mitranjan Baitha. The informant suspected that the petitioner and others helped Mitranjan Baitha in kidnapping the victim.

It is submitted that there is no eye-witness of the occurrence. Except the suspicion, the police did not collect any

Patna High Court Cr.Misc. No.37019 of 2015 (3) dt.05-11-2015 2/2 material. The petitioner has no manner of concern with the victim girl or Mitranjan Baitha.

It appears that the informant and other family members suspected that the petitioner helped Mitranjan Baith in kidnapping the victim girl, but they only raised suspicion. Except suspicion, there is no material against the petitioner.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Vivek Rai, Judicial Magistrate 1st Class, Saran, Chapra in connection with Parsa P.S. Case No. 87/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T