Ram Bilash Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8433 of 2016 Arising Out of PS.Case No. -372 Year- 2015 Thana -SAKRA District- MUZAFFARPUR ======================================================
1. Ram Bilash Sah S/o late Maujelal Sah
2. Sudhir Sah, S/o Rambriksha Sah, Both resident of Village Sapahi P.S. Sakra, District Muzaffapur.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ranjeet Kumar Singh, Advocate For the State : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-04-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 366(A) and 504/34 of the Indian Penal Code registered in connection with Sakra P.S. Case No.372 of 2015.
3. It is submitted that the petitioners have been falsely implicated as the so-called victim girl has since stated in her deposition under Section 164 Cr.P.C. that she voluntarily eloped with Pawan Sah. Her age has been assessed as 18 years by the learned court below.
4. Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the arrest or
Patna High Court Cr.Misc. No.8433 of 2016 (2) dt.19-04-2016 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M.
cum Sub-Judge IVth, Muzaffarpur in connection with Sakra P.S. Case No.372 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions :- (i) The petitioners shall co-operate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) N.H./- U T