Shivan Rishideo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71877 of 2018 Arising Out of PS. Case No.-558 Year-2018 Thana- FORBESGANJ District- Araria ======================================================
1. Shivan Rishideo S/o Buchi Rishideo
2. Jago Devi W/o Shivan Rishideo
3. Nago Rishideo S/o Shivan Rishideo All are R/o Village- Badhpara,Ward No.12, P.S. Narpatganj, Distt.-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Pandey For the Opposite Party/s :
Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioners and the State.
The petitioners who are the father, mother and younger brother of Santosh Kumar Rishideo who is alleged to have abducted/kidnapped 16 year old daughter of the informant seek bail in anticipation of their arrest in connection with Forbesganj P.S. Case No. 558 of 2018 dated 22.07.2018 instituted for the offences under Sections 363, 366(A) and 34 of the Indian Penal Code.
Learned counsel appearing for the petitioners has submitted that the petitioners though are directly related to aforesaid Santosh Kumar Rishideo but they are not at all aware of the whereabouts of either
Patna High Court Cr.Misc. No.71877 of 2018(3) dt.11-01-2019 2/3 Santosh Kumar Rishideo or the daughter of the informant. That may not come as a handy excuse for petitioners no. 1 and 3 who are supposed to cooperate with the investigating agency in tracing the victim girl. The case of petitioner no. 2 i.e. Jago Devi who is the mother of Santosh Kumar Rishideo stands on a different footing.
Considering the aforesaid facts, the petitioner no. 2 who is not alleged to have done anything is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 558 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The prayers for anticipatory bail of petitioner no. 1 Shivan Rishideo and petitioner no. 3 Nago Rishideo are hereby rejected.
In case the petitioners cooperate with the investigation and the victim girl is traced, it would be open for the petitioner to raise such ground on their surrender before the court below for grant of regular
Patna High Court Cr.Misc. No.71877 of 2018(3) dt.11-01-2019 3/3 bail.
With the aforesaid observation, the present anticipatory bail petition is disposed of.
(Ashutosh Kumar, J) krishna/- U T