Shiv Ram Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73235 of 2018 Arising Out of PS. Case No.-83 Year-2018 Thana- ANDHRATHARHI District- Madhubani ====================================================== Shiv Ram Sadai Son of Sukal Sadai Resident of Village-Maini P.S. Andhra Thardhi,Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 28.07.2018 in connection with Andhratharhi P.S. Case No.83 of 2018 registered for the offences punishable under Sections 363, 366(A), 120(B), 34 of the Indian Penal Code.

Prosecution case as per the written report of Nurul Hoda to S.H.O.Andhratharahi is to the effect that on 23.07.2018 when he woke up in the morning, he did not find the victim and started searching for her and after some time, he came to know that petitioner and co-accused Bindeshwar Sadai have kidnapped her with intent to marry and have kept her at the house of the co-accused Sobhit Sadai, thereafter father of informant went to the house of Sobhit Sadai where victim was

Patna High Court Cr.Misc. No.73235 of 2018(3) dt.24-01-2019 2/2 sitting and co-accused Ram Sobhit Sadai started abusing the informant.

It is submitted by learned counsel for the petitioner that nobody witnessed the act of kidnapping and the informant is not an eye witness to the occurrence and it appears from the statement under Section 164 Cr.P.C, made by victim, the petitioner has not been named.

Considering the nature of accusation the petitioner being not named by the victim statement recorded under Section 164 Cr.P.C. 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 A.C.J.M. IIIrd, Jhanjharpur, Madhubani in connection with Andhratharhi P.S. Case No.83 of 2018.

(Dinesh Kumar Singh, J) sanjeev/- U T