Surendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76892 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- SIMRI District- Darbhanga ====================================================== Surendra Sah S/o Late Chalitar Sah, Resident of Village-Khesar, P.S.-Jaley, District-Darbhanga.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Jha For the Opposite Party/s :

Mr.Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 02.05.2018 in connection with Simri P.S. Case No.49 of 2018 registered for the offences punishable under Sections 365, 366A/506/120/34 of the Indian Penal Code.

Prosecution case as per the written report of Santosh Kumar dated 22.04.2018 submitted to Simri P.S. is to the effect that niece of the informant, Amriti Kumari used to reside with the informant. On 15.04.2018 she went to her mother's place but she did not reach. On search being made, it was found that co-accused Birju Sah, Ranju Devi, Meera Devi, Sumitra Devi and petitioner after making conspiracy, have taken his niece from village Khesar to some where else since then she is trace

Patna High Court Cr.Misc. No.76892 of 2018(3) dt.25-01-2019 2/2 less.

It is submitted by learned counsel for the petitioner that co-accused, Birju Sah has performed marriage with victim girl. The thrust of accusation of kidnapping is against coaccused Birju Sah. A statement has been made in paragraph no. 3 of the bail application that the petitioner is not having criminal antecedent.

Learned APP after going through the case diary submits that the petitioner is named in the FIR and victim girl has not been traced till date.

Considering the thrust of accusation against coaccused Birju Sah, and the period of custody, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Simri P.S. Case No.49 of 2018 (Dinesh Kumar Singh, J) sanjeev/- U T