Uma Shankar Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6735 of 2016 Arising Out of PS.Case No. -519 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Uma Shankar Sah son of late Kishori Sah

2. Reeta Devi wife of Sri Uma Shankar Sah

3. Rahul Kumar alias Rahul Kumar Sah son of Uma Shankar Sah All residents of village Saidpur Ganesh, P.S. Biddupur, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Kant Mishra For the Opposite Party/s : Mr. Ram Naresh Roy(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section 363, 366(A) of the Indian Penal Code.

The prosecution case is that on 04.12.2015 the daughter of the informant, Shalini Kumari, had gone to attend the coaching of co-accused, Ravi Kumar but she did not return. The informant was subsequently informed by his neighbours that the victim was seen going along with Ravi Kumar and when the informant went to the house of Ravi Kumar and enquired about his daughter then the petitioners, being the parents and brother of Ravi Kumar, got angry and asked him to leave the place.

It is submitted by the learned counsel for the petitioners that thrust of accusation is against Ravi Kumar and petitioners

Patna High Court Cr.Misc. No.6735 of 2016 (2) dt.15-02-2016 2/2 have been roped in this case simply because they are parents of Ravi Kumar and it is the informant who entered into the house of petitioners, ransacked the house of the petitioners and threw Rita Devi, petitioner No.2, from the roof. The victim in her statement under section 164 of the Cr. P.C. claimed to be aged 16 years but the court assessed her age 18 years and in her statement under section 164 of the Cr. P.C. she stated that she was kidnapped by Ravi Kumar who established physical relation with her also but she has not stated anything against the petitioners.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 519 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T