Mani Kant Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.46341 of 2015 (2) dt.06-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46341 of 2015 Arising Out of PS.Case No. -293 Year- 2010 Thana -BIHPUR District- BHAGALPUR ======================================================
1. Mani Kant Sah Son of Saryug Sah Resident of Village- Hario P.S. Bihpur District Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner prays for anticipatory bail in a case registered under Sections 452/341/342/365/379/376/34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioner that the main allegation was against the son of the petitioner Chandan Kumar of having abducted the minor daughter of the informant and the police has also after investigation submitted charge sheet against said Chandan Kumar alias Chandu Sah on 11.2.2011 and final form against the present petitioner and others. It is pointed out that the said Chandan Kumar although convicted by the trial court but has been acquitted in appeal by this Court by judgment and order dated 09.01.2015 passed in Criminal Appeal (S.J.) No.786 of 2013. It is further submitted that only after the acquittal
Patna High Court Cr.Misc. No.46341 of 2015 (2) dt.06-11-2015 of the petitioner's son by this Court, cognizance has been taken under the said Sections against the petitioner. It is stated that the petitioner has no criminal history.
On a consideration of the facts and circumstances of the case, the petitioner (Mani Kant Sah), in the event of his arrest or surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each in connection with Bihpur P.S.
Case No.293/2010 (G.R.
No.865A/2010) to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, District Bhagalpur, subject to the other conditions as laid down under Section 438 (2) of the Cr.P.C. (Ramesh Kumar Datta, J) V.P.Sinha/- U