Umesh Sah @ Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58010 of 2021 Arising Out of PS. Case No.-266 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== UMESH SAH @ UMESH KUMAR Son of Sonalal Sah Resident of Village - Majhariya, P.S. - Adapur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his their arrest for the offences alleged under Sections 366, 366 (A) and 34 of the Indian Penal Code, registered in connection with Adapur P.S.Case No. 266 of 2019.

There is allegation against the petitioner that he kidnapped the minor daughter of the informant. The learned counsel for the petitioner has submitted that other accused persons are facing trial in which the statements of the victim and the informant have been recorded. The victim, in her deposition, has stated that she went to Kathmandu with her own sweet will along with her brotherin-law namely Srinivas. The informant, in his deposition, has stated that his daughter returned from Kathmandu and apprised that she went there to watch a fair (mela). The informant has also stated in his deposition that the written report was not read over to him, but his thumb impression was obtained. Considering the above facts and circumstances

Patna High Court CR. MISC. No.58010 of 2021(2) dt.04-07-2022 2/2 and also the fact that the victim and her father, the informant, have turned hostile, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, POCSO, Motihari, East Champaran in connection with Adapur P.S.Case No. 266 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T