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Patna High CourtCR. MISC./72524/2022bail rejected

Pintu Sao @ Pintu Shaw v. The State Of Bihar

2023-04-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72524 of 2022 Arising Out of PS. Case No.-468 Year-2022 Thana- SIRDALA District- Nawada ====================================================== 1.

PINTU SAO @ PINTU SHAW Son of Late Yamuna Sao R/v- Chaube, P.S.- Sirdala, District- Nawada 2.

KAILU SAO @ DINESH SAO @ KELO SHAW @ DINESH SHAW Son of Late Yamuna Sao R/v- Chaube, P.S.- Sirdala, District- Nawada 3.

HIRA SAO @ MANOJ KUMAR SAO @ HIRA SHAW @ MANOJ KUMAR SHAW Son of Late Lakhan Sao R/v- Chaube, P.S.- Sirdala, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma,Adv.

For the Opposite Party/s :

Mr.Madan Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 363, 387, 506/34 of the Indian Penal Code.

There is allegation of extortion and abduction against these petitioners.

It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case. As a matter of fact, mother of petitioner no. 1 & 2 namely Shyama Devi filed a case, vide Sirdala P.S. Case No. 500/2020 against the informant and his family members for capturing her land and the present case

Patna High Court CR. MISC. No.72524 of 2022(2) dt.07-04-2023 2/2 has been lodged only with a view to put pressure on the petitioners to withdraw aforesaid case. It is next submitted that all the sections are bailable, except Section 387 of I.P.C., which has been added in the F.I.R. only to make the offence grave. However, learned A.P.P. for the State opposed the bail petition and submitted that the victim has fully supported the prosecution case in his statement recorded under Section 164 Cr.P.C.

Considering the nature of accusation and statement of the victim recorded under Section 164 Cr.P.C., the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T