Kunj Bihari And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48099 of 2015 Arising Out of PS.Case No. -412 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Kunj Bihari
2. Lal Bihari Both sons of Nandhir Ram, resident of Village- Bishunpur, Athmuhan, P.S.- Jharokhar (Ghorasahan), District- East Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. B.N.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioners and learned A. P.P. representing the State.
The petitioners seek bail in Ghorasahan (Jharokhar) P.S. Case No. 412 of 2014 registered for the offences punishable under Sections 363, 366, 498 of the Indian Penal Code. Allegedly, the petitioners and other co-accused being in collusion and conspiracy kidnapped the wife and son of the informant.
Submission is of false implication and that the statement of the victim has been recorded under Section 164 of the Cr.P.C. which reflects that the victim went in the company of the petitioners with her child at her own will and she returned with her husband and as such the petitioners who are suffering in custody
Patna High Court Cr.Misc. No.48099 of 2015 (3) dt.21-12-2015 since 16.06.2015 and 03.08.2015 respectively deserve sympathetic consideration.
Learned A.P.P. opposes the prayer of bail by submitting that the petitioners have been named by the informant in her statement recorded under Section 164 of Cr.P.C. In the facts and circumstances stated above, considering that victim has only raised suspicion for committing sexual assault with her by petitioner Kunj Bihari and as she went out of her own will in the company of the petitioners as such the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Sikerhana at Motihari, East Champaran in connection with Ghorasahan (Jharokhar) P.S. Case No.