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Patna High CourtCR. MISC./82741/2019bail granted

Buden Sada v. The State Of Bihar

2020-06-19Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82741 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- PALASI District- Araria ====================================================== 1.

BUDEN SADA Son of Late Bechan Sada Resident of Village-Dharmganj, Ward No.9, P.S.-Palasi, District-Araria.

2.

Rubni Devi @ Parmari Devi Wife of Late Bechan Sada Residence of Village-Dharmganj, Ward No.9, P.S.-Palasi, District-Araria. 3.

Gulabchand Sada Son of Late Ramjee Sada Residence of VillageDharmganj, Ward No.9, P.S-Palasi, District-Araria. 4.

Ghotan Sada @ Gheetan Sada Son of Jaggu Sada Residence of VillageSohdi Mushari, Panchayati Benga Ward No.4, P.S-Bardaha, District-Araria. 5.

Prakash Sada Son of Gulten Sada Residence of Village-Dharmganj Laxmi Chowk, Ward No.7, P.S-Bardaha, District-Araria. 6.

Chandrika Devi Wife of Prakash Sada Residence of Village-Dharmganj Laxmi Chowk Ward No.7, P.S-Bardaha, District-Araria. 7.

Mahendra Sada Son of Late Chandra Rishideo Residence of VillageChhapaniya, P.S-Palasi, District-Araria. 8.

Rabina Devi Wife of Mahendra Sada Residence of Village-Chhapaniya, P.S.- Palasi, District-Araria.

9.

Pankaj Bishwas @ Pankaj Kumar Bishwas Son of Ramanand Biswas Residence of Village-Hariharpur, Ward No.1, P.S-Palasi, District-Araria. 10.

Ramanand Biswas Son of Late Rakam Late Rakam Lal Biswas Residence of Village-Sahdi Hariharpur, Ward No.1, P.S-Palasi, District-Araria. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Palasi P.S. Case No. 187 of 2019 for the offence punishable under Sections 363, 366(a), 364 and 365/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.82741 of 2019(3) dt.19-06-2020 2/3 The petitioners are family members of co-accused Buden Rishideo.

Learned counsel appearing on behalf of the petitioner has drawn my attention to the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure, to submit that allegation of kidnapping is falsified. The victim had, in fact, married Buden Rishideo.

Considering the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released 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 A.C.J.M.-1, Araria, in Palasi P.S. Case No. 187 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,

Patna High Court CR. MISC. No.82741 of 2019(3) dt.19-06-2020 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T