Samim Rai Bhat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60956 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- SAHAJITPUR District- Saran ====================================================== 1.

Samim Rai Bhat Son of Kalamdin Rai Bhat Resident of Village - Dhangarha, Baiyapur, P.S. - Sahajitpur, District - Saran at Chapra 2.

Kalamuddin Rai Bhat @ Kalamdin Rai Bhat Son of Mangru Rai Resident of Village - Dhangarha, Baiyapur, P.S. - Sahajitpur, District - Saran at Chapra 3.

Nasima Khatoon @ Tetura Khatoon Wife of Kalamdin Rai Bhat Resident of Village - Dhangarha, Baiyapur, P.S. - Sahajitpur, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-10-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that his minor daughter was kidnapped by the petitioners on 20.02.2024, when she had gone to attend the call of nature.

4. The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.60956 of 2024(2) dt.01-10-2024 2/3 petitioners have been falsely implicated in the instant case by the informant. It is next submitted that the victim has come back and her statement has recorded under Section 164 of the Cr.P.C. wherein she has disclosed her age as 16 years and she has stated on 24.04.2024that she had an altercation with her mother, as such, she went to the house of her cousin sister Priyanka at Basantpur as her mother was telling her to get married. It is also stated that she stayed at her cousin sister Priyanka's place, but Priyanka called her family members and informed that she is staying with her, thereafter her brother came and she came back to her parental home.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sahajitpur P. S. Case No.57 of 2024, subject to the conditions laid down under

Patna High Court CR. MISC. No.60956 of 2024(2) dt.01-10-2024 3/3 Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T