Rajpati Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.39486 of 2018 (2) dt.09-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39486 of 2018 Arising Out of PS.Case No. -177 Year- 2002 Thana -YOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rajpati Devi, Wife of Sri Sheochandra Pal @ Shiv Chandra Raut,

2. Sheochandra Pal @ Shiv Chandra Raut, Son of Late Ambika Pal, Both resident of Village- Dhanwatiya, Police Station- Yogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. N.K.Agrawal, Sr. Advocate Mr. Raj Shekhar, Advocate Mr. Muralidhar, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2018 Heard both sides.

The petitioners apprehend their arrest in Yogapatti P.S. Case No.177 of 2002 registered under Sections 363 and 366A of the Indian Penal Code.

The informant alleged that the petitioner and others kidnapped the daughter of the informant after taking her to attend the call of nature.

The learned counsel for the petitioners submits that the victim made her statement under section 164 Cr.P.C. She disclosed that Sanjay pal, Ravindra Mahto, Ghanshyam Sah and Jawahar Miyan kidnapped her. The victim did not make any

Patna High Court Cr.Misc. No.39486 of 2018 (2) dt.09-07-2018 allegation against the petitioners. The son of the petitioner was granted bail vide order dated 09.06.2003 passed in Cr. Misc No. 1194 of 2003. It is further submitted that police after investigation submitted final form finding the case false against the petitioners but the Learned C.J.M. took cognizance of the offence against the petitioners on 23.12.2010. A non-bailable warrant was issued against the petitioners on 03.04.2017.

Having considered the facts aforesaid that the police after investigation submitted final form finding the case false against the petitioners but the learned C.J.M. took cognizance after differing with the finding of the Investigating Officer, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to 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 learned Additional Chief Judicial Magistrate-VI, West Champaran, Bettiah, in connection with Yogapati P.S. Case No.177 of 2002, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T