← Library
Patna High CourtCR. MISC./58023/2023bail granted

Rambabu Sah v. The State Of Bihar

2024-05-07Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58023 of 2023 Arising Out of PS. Case No.-359 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Rambabu Sah Son Of Vishwanath Sah Resident Of Vilalge- Bahuara, PsChiraiya, Dist- East Champaran 2.

Vishwanath Sah Son Of Late Ramlal Sah Resident Of Vilalge- Bahuara, PsChiraiya, Dist- East Champaran 3.

Vijay Sah @ Vijay Kumar Prasad Gupta Son Of Late Sovachan Sah Resident Of Vilalge- Bahuara, Ps- Chiraiya, Dist- East Champaran 4.

Sanjay Sah @ Sanjay Kumar Son Of Late Sovachan Sah Resident Of Vilalge- Bahuara, Ps- Chiraiya, Dist- East Champaran 5.

Dheeraj Kumar Son Of Rambabu Sah Resident Of Vilalge- Bahuara, PsChiraiya, Dist- East Champaran 6.

Pramod Sah @ Pramod Kumar Son Of Vishwanath Sah Resident Of VilalgeBahuara, Ps- Chiraiya, Dist- East Champaran 7.

Bidhyawati Devi Wife Of Vishwanath Sah Resident Of Vilalge- Bahuara, Ps- Chiraiya, Dist- East Champaran 8.

Tetri Devi Wife Of Rambabu Sah Resident Of Vilalge- Bahuara, PsChiraiya, Dist- East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. Mainesur Sah S/o Late Jitan Sah, R/o Village Ramsingh Chhatauni, P.S. Mufassil, District East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mrs.Asha Kumari Mr. Dharmesh Kr. Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 363, 365, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.58023 of 2023(5) dt.07-05-2024 2/3

3. As per F.I.R., petitioners are alleged to have abducted the son of informant/opposite party no. 2.

4. Learned counsel for petitioners submits that as a matter of fact, son of informant & his family members abducted the minor daughter of petitioner no. 1, for which, Chiraiya P.S. Case No. 69 of 2023 was lodged by petitioner no. 1 against informant, his son & others and in retaliation, the present false and concocted case has been lodged by the informant. He further submits that as a matter of fact, daughter of petitioner no. 1 is still living with son of informant and with the intervention of well-wishers, they have entered into compromise and filed compromise petition in both the cases before the Court below.

5. Learned counsel appearing on behalf of opposite party no. 2 does not dispute the factum of compromise and submits that both are living together and leading their conjugal life happily.

6. Considering the submissions made on behalf of the parties, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.58023 of 2023(5) dt.07-05-2024 3/3 satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Muffasil P.S. Case No. 359 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T