Vijay Sah @ Nanki And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72298 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- MADHWAPUR District- Madhubani ======================================================

1. Vijay Sah @ Nanki, Son of Jai Nath Sah,

2. Pawan Devi, W/o Vijay Sah, Both R/o Village and P.S.- Madhwapur, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyanendra Kumar Shukla, Adv.

For the Opposite Party/s :

Sri Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned Counsel for the petitioners, informant and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 365/366A/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 24.06.2018 submitted by Sanjay Kumar Pandey to the Station House Officer, Madhwapur Police Station to the effect that on 23.06.2018 at 08.00 P.M., four persons abducted the daughter of the informant from her house, on a motorcycle. In the meantime, the wife and the son of the informant woke up and they saw the accused persons and identified one of them as Shiv Kumar Sah.

It is submitted by learned counsel for the petitioners that the thrust of accusation is against co-accused, Shiv Kumar Sah

Patna High Court Cr.Misc. No.72298 of 2018(3) dt.20-12-2018 2/2 and the petitioners have simply been roped in in the present case, being the parents of co-accused, Shiv Kumar. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. It is submitted by learned counsel for the informant that in conspiracy with the petitioners, the daughter of the informant has been kidnapped and she is still traceless. Considering the thrust of accusation against coaccused, Shiv Kumar Sah, coupled with statement made in paragraph no.

3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Benipatti, in connection with Madhwapur P.S. Case No.45 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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