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Patna High CourtCR. MISC./70023/2019disposed

Dinesh Sahani v. The State Of Bihar

2019-12-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70023 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== 1.

Dinesh Sahani, Son of Dwarika Sahani, Resident of Village - Kaithwaliya, Ward No. 4, P.s.- Sugauli, Distt - East Champaran. 2.

Brajesh Sahani @ Brajesh Kumar, Son of Dinesh Sahani, Resident of Village - Kaithwaliya, Ward No. 4, P.s.- Sugauli, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakti Suman Kumar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 This is an application for grant of anticipatory bail in connection with Sugaul P. S. Case No. 169 of 2019, disclosing offences under Sections 363, 366A, 34 of IPC. As per F.I.R. petitioners and other accused persons are said to have kidnapped the minor daughter of the informant. Submission of the learned counsel for the petitioners is that except suspicion, there is nothing against them. They have no criminal antecedent.

Heard learned A.P.P. as well as learned counsel for the informant also, who has opposed the prayer for anticipatory bail on the ground that girl is minor and she is still trace-less. Having heard both sides, considering the above submission, this application is disposed of with a direction to

Patna High Court CR. MISC. No.70023 of 2019(3) dt.02-12-2019 2/2 the petitioners, above named, surrender before the court below within a period of three weeks from the date of receipt of certified copy of this order, on surrender, they will be released on provisional bail, till submission of the charge sheet, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Sugaul P. S. Case No. 169 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure on condition that that after release, they will appear before the police and co-operate the police in recovering the girl, once the charge sheet is submitted, they have to surrender and pray for regular bail, which will be considered on the basis of the materials available at that time.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T