Mantu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42443 of 2016 Arising Out of PS.Case No. -515 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Mantu Sah, S/o Binda Sah, resident of Village-Gisara, P.O.-Gisara, P.S. Parsauni, Distt.- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Verma, Advocate For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Runni Saidpur P.S. Case No. 515 of 2014, G.R. No. 4245 of 2014, disclosing offences under Sections 363 and 366A/34 of the Indian Penal Code.

Learned counsel for the petitioner has drawn my attention to an order dated 29.04.2016 passed by learned Sessions Judge, Sitamarhi in A.B.P. No. 845 of 2016 whereby the petitioner's father has been granted anticipatory bail. From the said order, it transpires that during the hearing of said application before the learned Sessions Judge, the informant himself had appeared to say that his daughter was never kidnapped. Learned counsel for the petitioner has submitted that it is because of some

Patna High Court Cr.Misc. No.42443 of 2016 (2) dt.19-10-2016 2/2 misconception that the present First Information Report making allegations of kidnapping was filed.

Considering the submissions as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Runni Saidpur P.S. Case No. 515 of 2014, G.R. No. 4245 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T