Mukesh Sah @ Mukesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33956 of 2015 Arising Out of PS.Case No. -190 Year- 2009 Thana -CHIRAIYA District- - ====================================================== Mukesh Sah @ Mukesh Prasad Son of Dharamnath Sah @ Dharamnath Prasad resident of village - Kapoorpakari, P.S. Shikarganj, District - East Champaran at Motihari .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366 and 120B of the Indian Penal Code.
The accusation is of kidnapping the minor daughter of the informant.
Though, the case was registered in 2009 when 164 Cr.P.C. statement of the victim was recorded on 01.05.2013 where she had stated that she had married with Dheeraj Sah with whom she was in loved. In 164 Cr.P.C. statement she got her age recorded as 23 years when the court
Patna High Court Cr.Misc. No.33956 of 2015 (2) dt.13-08-2015 2/2 has assessed as 20 years. Petitioner is the brother of said Dheeraj Sah.
Considering the 164 Cr.P.C. statement of the victim and the statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in connection with Chiraiya (Shikarganj) P.S. Case No. 190 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T