Uma Shankar Prasad @ Uma Shankar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48927 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -BRAHMPUR District- BUXAR ======================================================
1. Uma Shankar Prasad @ Uma Shankar
2. Shiv Shankar Prasad @ Shiv Shankar Both sons of Badal Prasad, residents of Village: Bihia P.S: Bihia, District- : Bhojpur.
3. Tarkeshwar Sah @ Tarkeshwar Prasad, Son of Gopal Prasad, resident of Village: Kant, P.S: Brahampur, District: Buxar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-02-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363/365 of the Indian Penal Code.
The informant is father-in-law of petitioner Nos.1 and 2, who are married with two daughters of the informant. Allegation is that the petitioners are suspected to have kidnapped Ravi Kumar, the minor son of the informant.
Submission of the petitioner is that the list of cases mentioned in para-3 would reveal that several 498A cases were between the parties, some of which have already been disposed of
Patna High Court Cr.Misc. No.48927 of 2016 (4) dt.03-02-2017 2/2 and in that background false allegation is there, though the boy is still missing but the informant has managed and kept him at some secret place.
Considering the background of allegation and only material against the petitioners is suspicion, Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/Successor Court in connection with Brahampur Police Station Case No.74 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Petitioners shall fully cooperate with the investigation and trial of this case.
(Birendra Kumar, J) Mkr./- U T