Foudi Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52801 of 2016 Arising Out of PS.Case No. -119 Year- 2016 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Foudi Ram Son of Late Baldeo Ram

2. Binay Kumar Ram

3. Raj Kumar Ram Both sons of Foudi Ram

4. Siya Devi Wife of Foudi Ram All residents of Village Chandanpur, P.S. Sahkund(Sahour), District Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Sri Kalyan Shankar,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in Sahkund (Sajour) P.S.Case No.119 of 2016 registered under Sections 363, 366A, 504 and 506/34 of the Indian Penal Code. The accusation is that on 17.07.2016 the informant along with his family members had gone to Simariya to attend the funeral leaving alone his minor daughter and when he returned his minor daughter was not at the house and they started searching in course of which he learnt that his minor daughter had been kidnapped by one Bipin Kumar who is son of petitioner

Patna High Court Cr.Misc. No.52801 of 2016 (3) dt.15-12-2016 2/2 no.1.When the informant went to the house of petitioner no.1 and enquired about the matter then, petitioner no.1, his wife Siya Devi petitioner no.4 and his two sons petitioner no.2 Binay Kumar Ram and petitioner no.3 Raj Kumar Ram became enrage and also gave threatening to kill him.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that the allegation of kidnapping is against co-accused Bipin Kumar son of petitioners no.1 and 4. But due to ulterior motive the petitioners have been falsely implicated merely for threatening to kill the informant. Having considered the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bhagalpur in Sahkund ( Sajour) P.S.Case No.119 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

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