Manoj Sah @ Manoj Kumar Sah @ Mahnthi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58420 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- BHAPTIAHI District- Supaul ====================================================== 1.

MANOJ SAH @ MANOJ KUMAR SAH @ MAHNTHI SAH Son of Ramswaroop Sah Resident of Village - Garhia Zilla Dumri, P.S.- Bhaptiahi, District - Supaul.

2.

Sumitra Devi Wife of Manoj Sah @ Mahnthi Sah Resident of Village - Garhia Zilla Dumri, P.S.- Bhaptiahi, District - Supaul. 3.

Lalan Kumar @ Lalan Sah Son of Manoj Sah @ Mahnthi Sah Resident of Village - Garhia Zilla Dumri, P.S.- Bhaptiahi, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Murari Narain Chaudhary, Advocate For the State :

Mr.Nityanand Tiwari, APP For the informant :

Mr.Kamal Kishor Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Further, counsel for the petitioners is permitted to make necessary correction in paragraph 1 of the main bail application.

The petitioners are apprehending their arrest in a case registered under Sections 363(A), 366(A) and 120(B) of the Indian Penal Code.

Patna High Court CR. MISC. No.58420 of 2021(2) dt.04-04-2022 2/3 Allegation is that the petitioners abducted the victim and co-accused Babloo raped the victim several times. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners has falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded. The main allegation is against the co-accused, namely, Babloo. The petitioners happen to be the father, mother and brother of said co-accused Babloo. Hence, they have been made accused in the present case. There is no allegation of physical or sexual abuse alleged against the petitioners.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.,

Patna High Court CR. MISC. No.58420 of 2021(2) dt.04-04-2022 3/3 Supaul in connection with Bhaptiahi P.S. case No.54 of 2021/G.R. No.369 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T