Jokhu Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39435 of 2018 Arising Out of PS.Case No. -79 Year- 2017 Thana -PALANWA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Jokhu Sah, S/o Shankar Sah,

2. Panalal Sah, S/o Jokhu Sah.

3. Sonalal Sah, S/o Jokhu Sah. All are residents of Village- Jaitapur, P.S. Palanwa, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhav Jha For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2018 The petitioners are apprehending their arrest in connection with Palanwa P.S. Case No. 79 of 2017, registered for offences punishable under Section 366(A)/34 of the Indian Penal Code.

Allegation against the petitioners is of kidnapping minor daughter of the informant.

Submission of learned counsel for the petitioners is that they have not been named by the victim in her statement recorded under Section 164 Cr.P.C, though they are the neighbour of the victim and they have falsely been implicated in this case. Heard learned A.P.P. also who opposed the prayer for bail of the petitioners.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from

Patna High Court Cr.Misc. No.39435 of 2018 (3) dt.01-08-2018 2/2 the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari, in connection with Palanwa P.S. Case No. 79 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T