Patna High CourtCR. MISC./47567/2017bail granted

Radhey Shyam Thakur And ANR v. The State Of Bihar

2017-10-06Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.47567 of 2017 (2) dt.06-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47567 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================

1. Radhey Shyam Thakur, son of Late Ramashish Thakur.

2. Mohan Thakur, Son of Radhey Shayam Thakur, Both are resident of Village- Kanozar, P.S.- Chakmehsi, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chakmeshi P.S. Case No. 17 of 2017, registered under Sections 363, 364 and 120B of the Indian Penal Code. The allegation of informant is that he performed the marriage of his daughter with Mohan Thakur (petitioner no. 2), son of petitioner no. 1. After marriage, her daughter stayed at her matrimonial house about two months and returned to her Mayaka. His daughter was mentally ill and he was taken to her Sasural by her mother-in-law on 15.02.2017. On 19.02.2017, his son-in-law (petitioner no. 2) came to his house and informed that his daughter left the house in the night without giving information to anyone.

Patna High Court Cr.Misc. No.47567 of 2017 (2) dt.06-10-2017 The informant raised suspicion about kidnapping of his daughter by the petitioners as her daughter was unsound mind. Learned counsel for the petitioners submits that admittedly, daughter of informant was unsound mind and on 15.02.2017, she was taken at matrimonial house by the mother of petitioner no. 1, but she left the house in the night of 18.02.2017 without giving information. Thereafter, petitioner no. 1 went at the house of the informant and informed about leaving the house by his daughter without notice but with ulterior motive the present case has been lodged with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioners 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate- Samastipr, in connection with Chakmeshi P.S. Case No. 17 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T