Krishna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46515 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.

Krishna Sah S/o- Late Dukhi Sah Village- Belwatiya Ps- Sugauli Dist- East Champaran 2.

Mithai Sah @ Mithai Lal Sah son of Late Dukhi Sah Village- Belwatiya PsSugauli Dist- East Champaran 3.

Shatrudhan Sah son of Late Dukhi Sah Village- Belwatiya Ps- Sugauli DistEast Champaran 4.

Manoj Sah @ Manoj Kumar son of Krishna Sah Village- Belwatiya PsSugauli Dist- East Champaran 5.

Ravindra Sah son of Late Dukhi Sah Village- Belwatiya Ps- Sugauli DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2024 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 under Sections 366, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, co-accused Baleshwar Sah and others kidnapped the daughter of informant. It is further alleged that when informant went to the house of co-accused Baleshwar Sah, these petitioners abused him.

4. Learned counsel for petitioners submits that as per F.I.R. itself, specific accusation of kidnapping is against co-

Patna High Court CR. MISC. No.46515 of 2024(2) dt.12-08-2024 2/2 accused Baleshwar Sah. So far as these petitioners are concerned, they are only alleged to have abused informant when he had gone to inquire about his missing daughter. Petitioner no. 1 is father of co-accused Baleshwar Sah, whereas other petitioners are relatives of co-accused Baleshwar Sah. Learned counsel further submits that the victim, in her statement recorded under Section 164 Cr.P.C., has not alleged any wrong against these petitioners. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged 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 Judicial Magistrate, Motihari, East Champaran in connection with Sugauli P.S. Case No. 141 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T