Patna High CourtCR. MISC./33067/2014bail granted

Sipahi Singh v. The State Of Bihar

2015-02-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33067 of 2014 Arising Out of PS.Case No. -317 Year- 2012 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sipahi Singh, Son of Late Ram Prasad Singh, Resident of Village Bada Harpur, Police Station- Harshidhi, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar No.-7, For the Opposite Party : Mr. J.N.Thakur (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 The petitioner figured as an accused in Sugauli P.S. Case No.317 of 2012 for offence punishable under Sections- 363 and 366A/34 of I.P.C.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The allegation against the petitioner is curious as two sons are shown as accused in the complaint, whereas it is alleged that elder daughter of the complainant is married to the accused No.1, and that both the accused came to his house on 15.10.2012 and stayed there in the night and in the morning they took away his daughter, by name Ruchi Kumari. It was also alleged that when the complainant came to the house of the petitioner and his sons, they demanded a sum of

Patna High Court Cr.Misc. No.33067 of 2014 (2) dt.04-02-2015 2/2 Rs.2,00,000/- as ransom for giving the custody of the girl.

Apprehending arrest, the petitioner filed A.B.P. No.1422 of 2013 in the court of learned Sessions Judge, Motihari, East Champaran. The learned Judge rejected the application through order dated 26.06.2014. Hence, this application for grant of anticipatory bail under Section-438 of Cr.P.C.

This Court is prima facie convinced that the allegation against the petitioner is too vague and trivial and the petitioner deserves to be granted anticipatory bail. The application is allowed.

In the event of arrest, the petitioner is directed to be released on bail upon furnishing the bail-bond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, in connection with Sugauli P.S. Case No.317 of 2012, subject to the conditions laid down under Section-438(2) of Cr.P.C. (L. Narasimha Reddy,CJ) K.C.jha/- U T