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Patna High CourtCR. MISC./78743/2023bail granted

Virendra Sah @ Birendra Sah v. The State Of Bihar

2024-04-30Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78743 of 2023 Arising Out of PS. Case No.-1639 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.

VIRENDRA SAH @ BIRENDRA SAH SON OF LATE FAKIR CHAND SAH @ LATE FAQIRCHAN SAH RESIDENT OF VILLAGEMACHHATTA, POLICE STATION- AMOUR, DISTRICT-PURNEA. 2.

BAIDHNATH SAH @ BAIDNATH SAH @ VAIDHNATH SAH SON OF LATE FAKIRCHAND SAH @ LATE FAQIRCHAND SAH RESIDENT OF VILLAGE- MACHHATTA, POLICE STATION- AMOUR, DISTRICTPURNEA. 3.

DASHRATH KUMAR SAH SON OF BAIDHNATH SAH @ VAIDNATH SAH @ BAIDNATH SAH RESIDENT OF VILLAGE- MACHHATTA, POLICE STATION- AMOUR, DISTRICT-PURNEA.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

CHANDERSHEKHAR SAH SON OF LATE RAMLAL SAH RESIDENT OF MACHHATTA, POLICE STATION- AMOUR PRESENT RAMBAG, P.S. SADAR, DISTRICT-PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Hussain, Advocate For the Opposite Party/s :

Mr. Binod Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under section 365 of the Indian Penal Code .

3. The prosecution case, in brief, is that the son of the

Patna High Court CR. MISC. No.78743 of 2023(7) dt.30-04-2024 2/3 complainant, Suraj Kumar, is a student of B. A Part-I of Surya Narayan Yadav College Rambag Purnea. On August 8, 2021, when the complainant went to Rambag to meet his son, he came to know that accused persons, including these petitioners, allured his son and forcibly married him with the daughter of petitioner No. 1, and the son of informant is traceless.

4. It is submitted on behalf of the petitioners that they have falsely been implicated in this false and fabricated case. As a matter of fact, son of the complainant kidnapped the daughter of petitioner No. 1 and took her to Ludhiana for a long time and there established physical relation with her. He next submits that the daughter of the petitioner No. 1 filed a complaint case No. 1528 of 2021 under section 498 (A) of Indian penal code against the son of the complainant and in retaliation this instant case has been filed against the petitioners only to put pressure to withdraw the case filed by the daughter of the Petitioner no. 1. Moreover, as per S.P. report dated 20.04.2024, the traceless boy has appeared before the Court below .

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks

Patna High Court CR. MISC. No.78743 of 2023(7) dt.30-04-2024 3/3 from today, let the petitioners, as named above, be enlarged on bail 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, purnea in connection with Complaint Case No. 1639 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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