Shankar Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49874 of 2019 Arising Out of PS. Case No.-160 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Shankar Mistry Son of Hari Mistri @ Hari Mistry 2.

Ajay Mistry @ Ajay Kumar Son of Hari Mistri @ Hari Mistry Both are residents of Village - Gambhirpur, P.S.- Warisaliganj, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-08-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Warisaliganj P.S. Case No. 160 of 2019, registered under Sections 366A/34 of the Indian Penal Code.

The allegation against the petitioners is that the daughter of the informant was abducted by one Subhas Mistry for the purpose of marriage, in which the petitioners, who are brothers of Subhas Mistry, have cooperated.

Learned counsel for the petitioners submits the the petitioners have falsely been implicated in this case, merely because the petitioners are brothers of Subhas Mistry who

Patna High Court CR. MISC. No.49874 of 2019(2) dt.09-08-2019 2/2 allegedly took away the daughter of the informant for the purpose of marriage. He further submits that the victim girl has not disclosed the name of the petitioners as culprit in her statement recorded under Section 164 Cr.P.C.

After having heard learned counsel for the parties and taking into consideration the fact that the victim girl has not disclosed any involvement of the petitioners in the alleged offence, I am inclined to grant anticipatory bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Nawada in connection with Warisaliganj P.S. Case No. 160 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Katyayan/- U T