Bindeshwari Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58257 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -PHENHARA DistrictEASTCHAMPARAN (MOTIHARI) =====================================

1. Bindeshwari Sah, Son of Late Bhikhar Sah.

2. Mahajani Devi, Wife of Bindeshwari Sah.

Both residents of Village-Rupauli, P.S.-Fenhara, District-East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Umesh Tiwari, Adv. For the Opposite Party/s: Mr. Sanjay Kr. Tiwary-I (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel, appearing on behalf the petitioners, and learned Additional Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Fenhara P.S. Case No.14 of 2015, disclosing offences under Sections 363, 366(A) and 120(B)/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.58257 of 2015 (2) dt.01-02-2016 2/3 Learned counsel, appearing on behalf of the petitioners, submits that the petitioners are father-in-law and mother-in-law of Pramod Sah, a co-accused. Allegedly, co-accused, Amod Sah and Pramod Sah are said to have kidnapped the informant's daughter. Learned counsel for the petitioners submits that implication of these petitioners is malicious and only for the purpose of creating undue pressure on the family members. He further submits that there is no allegation against these petitioners of any nature.

Considering the submission, as above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Fenhara P.S. Case No.14 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, abovenamed, shall present themselves before

Patna High Court Cr.Misc. No.58257 of 2015 (2) dt.01-02-2016 3/3 the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T