Sita Devi And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49034 of 2015 Arising Out of PS.Case No. -236 Year- 2015 Thana -DHAMDAHA District- PURNIA ======================================================
1. Sita Devi aged about 65 years Wife of Ram Chandra Sah
2. Saraswati Devi aged about 70 years Wife of Late Raghunath Sah
3. Ramchandra Sah, aged about 71 years Son of Late Lakshmi Sah All Resident of Village-BariTaraoud, P.S.-Dhamdaha, District-Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Smt.Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with Dhamdaha P.S. Case No. 236 of 2015 pending in the court of learned Chief Judicial Magistrate, Purnea for the offences instituted under Sections 363, 365 and 34 of the Indian Penal Code.
As per the prosecution, it is appears due to incident, informant was admitted in Sadar Hospital, Purnea, where she got informant through villagers that her daughter Radha Kumari used to go Asfaque Coaching Centre, Dhamdaha every day and used to return back her house. It is further alleged that on 20.08.2015
Patna High Court Cr.Misc. No.49034 of 2015 (3) dt.05-02-2016 2/3 her daughter went to Coaching Centre but she did not return back to house. Thereafter, informant came to her house and started searching from relatives and villagers but went in vain. It is further alleged that on 18.08.2015 some persons assaulted her consequently, she became injured. It is further alleged by the informant that the accused persons several times told that they will kidnap her daughter and accused named in the F.I.R. including these petitioners have kidnapped her daughter and till now she is traceless. It is also alleged that the accused persons named in the F.I.R. were also pressing for withdrawal of case lodged by the informant and for this purpose this alleged occurrence was committed.
It has been submitted on behalf of the petitioners have not no criminal antecedent. Petitioner no. 1 and 2 are ladies and petitioner no. 3 is aged about 72 years. There is number of litigations including criminal cases which are pending between them. Father of the victim is in judicial custody facing sessions trial. The petitioners are witnesses in the said sessions trial. Hence. The present case has been brought against the petitioners with an intention to tamper with the evidence in the said sessions trial. This fact is evident from the perusal of para 11 and 24 of the case diary.
Patna High Court Cr.Misc. No.49034 of 2015 (3) dt.05-02-2016 3/3 On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Dhamdaha P.S. Case No. 236 of 2015 on furnishing bail bond of Rs.10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) kunal/- U T