Shashi Bhushan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51277 of 2019 Arising Out of PS. Case No.-2957 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

SHASHI BHUSHAN MISHRA Son of Late Radhakant Mishra Resident of Village - Sutihara, P.S.- Mushahari, District- Muzaffarpur 2.

Binita Devi Wife of Shashi Bhushan Mishra Resident of Village - Sutihara, P.S.- Mushahari, District- Muzaffarpur 3.

Bablu Kumar Son of Shashi Bhushan Mishra Resident of Village - Sutihara, P.S.- Mushahari, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Seema Devi @ Nitu Devi Wife of Jhunna Sharma Resident of Village - Dardha Chausaj, P.S.- Sakra, District- Muzaffarpur and at present Khabra, P.S.- Sadar, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babita Kumari For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Complaint Case No.2957 of 2018 , registered for offences punishable under Section 365 of the Indian Penal Code. As per the complaint case, there is allegation against the petitioners that they have kidnapped the minor son of the complainant.

Submission of the learned counsel for the petitioners is that the petitioner no.1 is brother-in-law of the complainant

Patna High Court CR. MISC. No.51277 of 2019(6) dt.02-12-2019 2/3 and as a matter of fact the complainant was married with the brother-in-law of the petitioner no.1 and the petitioners had filed a case of theft against the complainant for which the police has got her to the police station due to which she has filed the present case and the process has been issued after inquiry. There is no chance of tampering with the evidence. Earlier in this case notice was issued to the complainant (O.P.no.2) and a Counter Affidavit has also been filed but no body appears on behalf of the complainant .

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist class, Muzaffarpur in connection with Complaint Case No.2957 of 2018 subject to conditions as laid down under Section 438

(2) of the Code of Criminal Procedure with further condition to co-operate in disposal of the complaint case and will appear as and when required.

Patna High Court CR. MISC. No.51277 of 2019(6) dt.02-12-2019 3/3 With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T