Sunil Kumar Sah @ Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37730 of 2015 Arising Out of PS.Case No. -81 Year- 2015 Thana -MARHAURA District- SARAN ====================================================== Sunil Kumar Sah @ Sunil Sah S/o Tribhuwan Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Giri, Advocate For the Opposite Party/s : Mr. Anita Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 366A/34 of the Indian Penal Code.

The prosecution case is that the sister of the informant, namely, Seema Kumari, aged about 13 years and his neighbor Rinku Kumari went to ease out then they were being abducted by the petitioner and co-accused Rajiv Kumar. Though one of the victims named the petitioner in her statement recorded under section 164 Cr.P.C.

It is submitted by learned counsel for the petitioner that there is inconsistency between the statements of both the

Patna High Court Cr.Misc. No.37730 of 2015 (2) dt.18-09-2015 2/2 victims recorded under section 164 Cr.P.C. Moreover, other coaccused persons, who have been named by the victims in 164 Cr.P.C. statement have been granted anticipate bail. The aforesaid facts constitute ground for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Morhowrah P.S. Case No.81 of 2015, pending before the learned CJM, Saran at Chapra.

With the above observation, this application is, accordingly, disposed off.

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