Rambabu Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33839 of 2015 Arising Out of PS.Case No. -108 Year- 2014 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rambabu Sah S/o Bhola Sah
2. Gayatri Devi W/o Rambabu Sah , Both of village Hirapatti, P.S. Chiraiya , Dist. - East Champaran.
3. Atindar Sah S/o Gajendra Sah
4. Jitendra Sah S/o Gajendra Sah Both of village Semri Champapur , P.S.- Ghorasahan , Dist. East Champaran.
5. Munilal Sah S/o Late Feku Sah
6. Rubi Devi W/o Munilal Sah , Both of Dewapur, P.S.- Panchpakri , Dist.- East Champaran
7. Chhathu Sah S/o Yadolal Sah resident of village Gokhla, P.S. - Chiraiya, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Dr. M.K. Gautam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-09-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 365, 368, 120B of the Indian Penal Code.
The prosecution case is that the brother of the informant Om Prakash Sah married with the daughter of petitioner Nos. 1 and 2 namely Rubi Devi who is petitioner No. 6 in the present petition but since last six months the brother of the informant went traceless as some differences cropped up between the brother of the informant and his wife.
Patna High Court Cr.Misc. No.33839 of 2015 (2) dt.01-09-2015 2/2 It is submitted by learned counsel for the petitioners that petitioners are parents of second husband, relative of the wife the victim and wife herself. The victim subsequently surfaced and got his 164 Cr.P.C statement recorded on 22nd of April, 2015 wherein he stated that he was never been kidnapped and actually he got upset due to the second marriage performed by his wife.
A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the 164 Cr.P.C statement of the victim, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikarahana at Motihari, East Champaran in connection with Chiraiya P.S. Case No. 108 of 2014, G.R. Case No. 4107 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T