Mangesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37924 of 2017 Arising Out of PS.Case No. -151 Year- 2016 Thana -DHAMDAHA District- PURNIA ====================================================== Mangesh Sah, Son of Shree Vishndeo Sah, resident of Village Dhamdaha (North), P.S. Dhamdaha, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Sri Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dhamdaha P.S. Case no. 151 of 2016, registered under Sections 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The victim in her statement recorded under Section 164 of Cr.P.C. only stated that the petitioner along with Vishal Sah, Ranvir Mahto, Rupesh Sah etc. were present at her door near the Bolero, but she has not stated about overt act of the petitioner in her kidnapping. Further submission is that petitioner is covillager of the informant and he has falsely been implicated in this case. The other co-accused Kanhaiya Kumar @ Kanhaiya Mahto with similar allegation, has already been allowed bail by a coordinate Bench of this

Patna High Court Cr.Misc. No.37924 of 2017 (2) dt.16-08-2017 2/2 Court on 06.02.2017 in Criminal Misc. No. 714 of 2017. Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Dhamdaha P.S. Case No.151 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Sanjay Kumar, J) Mahesh/- U T