Nand Kishore Mishra And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55405 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -DEORIYA District- MUZAFFARPUR ======================================================
1. Nand Kishore Mishra Son of Late Bindeshwar Mishra resident of village - Dubauli, P.S. Devriya, District - Muzaffarpur
2. Ajay Singh Son of Fudena Singh resident of village - Puran Chapra, P.S. Chakiya, District - East Champaran
3. Amrendra Singh Son of Late Satyanarayan Singh resident of village - Khodadpur, P.S. Madhuban, District - East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. A. Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 307, 363, 354, 376, 511, 493, 496, 420, 120(B), 506/34 of the Indian Penal Code and Section 25(1-B)A/26/35 of the Arms Act.
The prosecution case is that petitioner No. 1 being co-villager of the informant took her and her mother to Ranchi where petitioner Nos. 1 along with petitioner No. 3 got her married forcibly with a physically and mentally abraized person. Subsequently the in-laws of the informant started torturing the informant, as a result she escaped from the matrimonial house and came to her mother's house. On 06.07.2015 in the night, petitioner Nos. 1 and 3 and co-
Patna High Court Cr.Misc. No.55405 of 2015 (2) dt.07-12-2015 2/3 accused Srikant Singh entered into the house of the informant and abducted the informant. On alarm being raised, petitioner No. 3 fired with pistol. The accused persons took away cash of Rs. 5,000/- and ornaments from the house of the informant. It is submitted by learned counsel for the petitioners that frivolously the accusation has been levelled and for the occurrence of 06.07.2015 the First Information Report was registered on 09.07.2015.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the thrust of accusation against petitioner Nos. 1 and 3, let learned Court below consider the prayer for regular bail of the petitioner Nos. 1 and 3, if they surrender within a period of six weeks in connection with Deoriya P.S. Case No. 53 of 2015, pending in the Court of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur. So far as petitioner No. 2 is concerned, since there is nothing specific alleged against petitioner No. 2, let the petitioner No. 2, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur in connection with Deoriya P.S. Case No. 53 of 2015, subject to the conditions as
Patna High Court Cr.Misc. No.55405 of 2015 (2) dt.07-12-2015 3/3 laid down under Section 438(2) of the Cr.P.C. Accordingly the application with regard to petitioner Nos. 1 and 3 stands disposed of. s (Dinesh Kumar Singh, J) Shageer/- U T