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Patna High CourtCR. MISC./44574/2016allowed

Paras Sah And ANR v. The State Of Bihar

2017-03-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44574 of 2016 Arising Out of PS.Case No. -256 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Paras Sah son of Late Shivmangal Sah Resident of Village-Madhubani, P.S.-Shikarpur, District-West Champaran

2. Nipu @ Nipu Kumar Gupta son of Basdev Sah Resident of VillageDumariya, P.S.- Shakarpur, District-West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Nath Jha For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Shikarpur P.S. Case No. 256 of 2016 registered under Sections 376, 366 and 120B of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that there is specific allegation against the coaccused Pintu Sah, not against this petitioner. Petitioners, being the father and brother-in-law of co-accused respectively, are innocent and have falsely been implicated in this case. It would appear from Annexure-2 that earlier Shikarpur P.S. Case No. 258 of 2016 was also filed by the wife of co-accused Pintu Sah against

Patna High Court Cr.Misc. No.44574 of 2016 (7) dt.27-03-2017 2/2 the complainant and others for the offence of kidnapping her husband and killing with a motive to create defence. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 256 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T