Ramlal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58602 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- SIMRI District- Buxar ====================================================== 1.

Ramlal Sah Son of Late Manu Sahu Resident of Village - Nokhpur (Basdeo OP), P.S. - Nawanagar, District - Buxar 2.

Mahavir Sahu @ Lagara Son of Ramlal Sah Resident of Village - Nokhpur (Basdeo OP), P.S. - Nawanagar, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dimpal Kumari For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366A, 504, 506, 34 of the Indian Penal Code.

3. Petitioners are said to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that victim and the son of the petitioner no. 1 namely Rakesh Kumar

Patna High Court CR. MISC. No.58602 of 2024(2) dt.25-09-2024 2/3 fled away for the purpose of marriage. He submits that the petitioner no. 1 is the father and petitioner no. 2 is the brother of co-accused Rakesh Kumar. He submits that the victim in her statement recorded under Section 164 of the Cr.P.C. has not supported the prosecution case. He further submits that petitioner no. 1 has one criminal antecedent and petitioner no. 2 has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail submits that the victim is the minor.

6. Considering the nature of offence, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Simari P.S. Case No. 58 of 2024.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T

Patna High Court CR. MISC. No.58602 of 2024(2) dt.25-09-2024 3/3