Sahenshah @ Shahanshah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62073 of 2019 Arising Out of PS. Case No.-695 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

SAHENSHAH @ SHAHANSHAH Son of Farid Resident of Village - Ghat Babhantoli, P.S. and Distt - Kishanganj.

2.

Bunni Son of Late Bachha Resident of Village - Ghat Babhantoli, P.S. and Distt - Kishanganj.

3.

Netuwa @ Nethuwa Son of Late Yasin Resident of Village - Ghat Babhantoli, P.S. and Distt - Kishanganj.

4.

Sahabo Son of Netuwa @ Nethuwa Resident of Village - Ghat Babhantoli, P.S. and Distt - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2019 This application, for grant of anticipatory bail, arises out of Kishanganj P.S. Case No. 695/2018, disclosing offences under Sections 363, 341, 323, 354, 366(A), 504/34 of the Indian Penal Code.

Allegation against the petitioner and others is of kidnapping the daughter of the informant.

Submission of learned counsel for the petitioners is that as a matter of fact earlier to lodiging of this case by the informant, a case has been lodged by one of the accused against the informant and only in order to save his skin, the present

Patna High Court CR. MISC. No.62073 of 2019(4) dt.19-12-2019 2/2 false case has been filed and further there is delay of one months in lodging the F.I.R, considering the same, the coordinate Bench of this Court has granted the privilege of anticipatory bail to other accused persons vide order dated 09.08.2019 passed in Cr. Misc. No. 49990/2019 and after the grant of anticipatory bail to other accused persons, prosecution got the statement of the girl recorded under Section 164 Cr.P.C., making allegation of rape also against the petitioner.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 695/2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T