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Patna High CourtCR. MISC./36493/2016bail granted

Unchas Das And ORS v. The State Of Bihar

2016-09-15Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36493 of 2016 Arising Out of PS.Case No. -251 Year- 2015 Thana -SABAUR District- BHAGALPUR ======================================================

1. Unchas Das, Son of late Bhaggo Das,

2. Dhananjay Das, Son of Unchas Das,

3. Kalawati Devi, Wife of Unchas Das,

4. Sumantra Devi @ Subhadra Devi, wife of Niranjan Das, All are residents of Village-Sabour, Harijan Tola, P.S. Sabour, DistrictBhagalpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sabour P.S. Case no. 251 of 2015 registered under Sections 363, 366A/34 of the Indian Penal Code.

The allegation of informant Mala Devi is that on 11.12.2015, her daughter aged about 15 years had gone to tuition, but she did not return till evening. In course of search, informant come to know that petitioners and one Niranjan Das in connivance with other kidnapped her daughter.

Learned counsel for the petitioners submits that petitioners are co-villagers of the informant and they have falsely been implicated in this case. Further submission is that, in fact, daughter of

Patna High Court Cr.Misc. No.36493 of 2016 (2) dt.15-09-2016 2/2 the informant left the house with one Deepak and performed marriage with him. In course of investigation, the statement of victim was recorded under Section 164 of Cr.P.C. in which she admitted regarding love affairs with Deepak and performance of marriage with him. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.Xth, Bhagalpur in connection with Sabour P.S. Case No. 251 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T