Tapeshwar Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37072 of 2018 Arising Out of PS. Case No.-281 Year-2018 Thana- AHIAPUR District- Muzaffarpur ======================================================

1. Tapeshwar Sahani, S/o Late Devki Sahani,

2. Phuljhari Devi W/o Tapeshwar Sahani,

3. Shatrughan Sahani S/o Tapeshwar Sahani All are Residents of Vill.- Chapra, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Ahiyapur P.S. Case No.281 of 2018, registered for the offence punishable under Sections 365, 366 and 120-B of the Indian Penal Code.

Allegation has been made against the petitioners that they have kidnapped the daughter of the informant. The girl in her statement recorded under Section 164 of the Cr.P.C. has taken the name of the petitioners and stated that she was kept in Rajasthan for one month. No specific allegation has been made against the petitioner no.2 save and except the bald statement.

Patna High Court Cr.Misc. No.37072 of 2018(2) dt.03-07-2018 2/2 Looking to the entire facts and circumstances of the case, let the petitioner no.1, namely, Phuljhari Devi, be released on anticipatory bail in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case no.281 of 2018 (G.R. No.1288 of 2018), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner no.2, for the purposes of investigation and interrogation, she will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. So far the bail of petitioner nos. 1 and 3 is concerned, the same is rejected.

(Shivaji Pandey, J) pawan/- U T