Ram Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54668 of 2021 Arising Out of PS. Case No.-630 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== Ram Nandan Singh Son of Late Ram Sundar Mahto Resident of VillageBhairo Kothi, Ward No. 5, P.S. and District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP For the informant : Dr. Anjani Prasad Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-10-2021 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant who has appeared suo motu.

The petitioner has renewed his prayer for grant of anticipatory bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016 and sections 366, 366A and 34 of the Indian Penal Code.

As per the prosecution case, the minor sister of the informant was kidnapped by the four named accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner that although the earlier application for grant of anticipatory bail was rejected vide order dated 24.7.2020 passed in Cr. Misc.

Patna High Court CR. MISC. No.54668 of 2021(2) dt.06-10-2021 2/3 no.11708 of 2020, however, he renewed his prayer for bail in view of the changed circumstance. It is submitted that the sister of the informant who is major being 21 years old was also estimated to be over 19 years by the Medical Board, the report of which has been brought on record as Annexure-4 to the petition. The sister of the informant and the son of the petitioner both married and the informant's sister is living in her sasural with her husband and her father-in-law, the petitioner herein. To substantiate the said fact, learned counsel for the petitioner submits that the sister of the informant has herself sworn the affidavit in the instant application for bail filed by this petitioner.

Heard learned A.P.P. for the State and learned counsel for the informant.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the submissions made on behalf of the petitioner together with the contents of the petition specially the sister of the informant having sworn the instant application for grant of anticipatory bail filed on behalf of the petitioner, the petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender

Patna High Court CR. MISC. No.54668 of 2021(2) dt.06-10-2021 3/3 in connection with Sitamarhi P.S. Case No.630 of 2019, he will be enlarged on bail on furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi subject to the conditions as laid down in section 438(2) of the Code of Criminal Procedure.

(Partha Sarthy, J) Bibhash U