Kailash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52455 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Kailash Sah Son Of Late Suresh Sah Resident Of Village - Deori, P.S. - Parbatta, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-08-2023 1.

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

2.

The petitioner is apprehending his arrest in connection with Parbatta P.S. Case No. 168 of 2023 registered for the offence punishable under Sections 366A and 34 of the Indian Penal Code.

3.

The informant has alleged that her sister's daughter, Lakshmi Kumari, left home as usual at 5 a.m, whereafter she has not returned home. After search, informant realized that she has been enticed away on the pretext of marriage by one accused (Himanshu Kumar), the petitioner and his wife. 4.

The learned counsel for the petitioner submits that the petitioner, before this Court, is the unfortunate father of Himanshu Kumar. Both Himanshu Kumar and the alleged

Patna High Court CR. MISC. No.52455 of 2023(2) dt.23-08-2023 2/3 victim are missing; and in spite of best efforts, the petitioner is also unable to ascertain the whereabouts of co-accused Himanshu Kumar. By virtue of his relationship (father) with Himanshu Kumar, he has been implicated merely on suspicion. He is having no antecedents.

5.

Learned APP for the State has opposed the prayer for pre-arrest bail.

6.

Considering the rival submissions, the fact that the petitioner is the father of Himanshu Kumar, clean antecedent, and the nature of allegations, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail. 7.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 SDJM, Khagaria in connection with Parbatta P.S. Case No. 168 of 2023 , subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving

Patna High Court CR. MISC. No.52455 of 2023(2) dt.23-08-2023 3/3 genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T