Shankar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69139 of 2018 Arising Out of PS. Case No.-213 Year-2018 Thana- TARAIYA District- Saran ======================================================

1. Shankar Singh S/o Late of Dhupnath Singh

2. Ritesh Kumar S/o Shankar Singh

3. Baijanti Devi W/o Shankar Singh

4. Madhu Sahani @ Upendra Sahani, S/o Bachcha Sahani All are resident of Village- Newari P.S. Taraiya District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2018 The petitioners seek bail in anticipation of their arrest in connection with Taraiya P.S. Case No. 213 of 2018 dated 02.08.2018 instituted for the offences under Sections 366(A)/34 of the Indian Penal Code.

The petitioners are alleged to have abducted his daughter Tanu Kumari aged about fifteen years. The learned counsel for the petitioners has submitted that a false case has been instituted by the informant. In support of the aforesaid contention, it has been pointed out that the daughter of the informant, after coming back home, gave her statement under Section 164 Cr.P.C stating that because her brother had assaulted her,

Patna High Court Cr.Misc. No.69139 of 2018(2) dt.18-12-2018 2/2 she had run away from home and had gone to her maternal uncle. She has expressed complete ignorance about the identity of the petitioners. Though she has stated her age to be fifteen years but according to the learned counsel for the petitioners, her age has been assessed to be between 18-19 years by the team of medical doctors.

Considering the aforesaid facts as also taking into account the clean antecedents of the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ixth, Saran at Chapra in connection with Taraiya P.S. Case No. 213 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T