Sanjay Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60879 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- SIKTI District- Araria ====================================================== SANJAY KUMAR SAH S/O ARUN SAH @ ARUN KUMAR SAH VILLAGE- SAIDABAD WARD NO. 12, PS- SIKTY, DIST- ARARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sikty P.S. Case No. 103 of 2022, dated 01.05.2022, registered for the offence punishable under Sections 363, 366A/34 of the Indian Penal Code.
3. The case of prosecution, in short, is that on 29.04.2022 the co-accused Suraj Kumar Sah with the help of petitioner and other co-accused namely Arun Sah, Bibek Kumar Sah, Izhar have committed kidnapping of informant's daughter Doli Kumari and kept her at the house of his sister at Bhawanipur, Purnea. When the informant along with his persons came at Bhawanipur, they recovered his daughter and handed over the co-accused namely Suraj Kumar Singh to Sikty Police
Patna High Court CR. MISC. No.60879 of 2023(2) dt.11-10-2023 2/3 with his Super Splendor Motorcyle.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The victim girl was recovered from co-accused Suraj Kumar Singh sister's house. Statement of the victim girl under Section 164 of the Cr.P.C. has been recorded, in which she has stated that all the five accused persons kidnapped her, but no illegal relation or molestation have been made by them. It is further submitted that it appears from the statement made by the victim girl under Section 164 Cr.P.C. that there is dispute between the petitioner's uncle Badri Sah and father of the victim girl for the shop and due to which the petitioner along with his father and brother have been made accused in this case. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail to the petitioner.
6. Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount
Patna High Court CR. MISC. No.60879 of 2023(2) dt.11-10-2023 3/3 each to the satisfaction of learned S.D.J.M., Araria in connection with Sikty P.S. Case No. 103 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) pravinkumar/- U T