Patna High Court - Orders
Bhawesh Singh & Ors vs The State Of Bihar on 23 June, 2017
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14994 of 2017
Arising Out of PS.Case No. -109 Year- 2016 Thana -ALAMNAGAR District- MADHEPURA
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1. Bhawesh Singh, Son of Dinesh Singh.
2. Ombir Singh, Son of Chhotelal Singh.
3. Sanjay Singh, Son of Upendra Singh.
All resident of Village- Basanbara, P.S.- Alamnagar, District-
Madhepura.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
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3 23-06-2017Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with Alamnagar P.S. Case No.109 of 2016 registered under Sections 363 and 366/34 of the Indian Penal Code.
The accusation is of kidnapping of the wife of the informant by these petitioners when she had gone to attend the call of nature for the purpose of performing the marriage.
Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. and the case diary that the occurrence is of kidnapping the wife of the informant is in the Patna High Court Cr.Misc. No.14994 of 2017 (3) dt.23-06-2017 2/2 evening of 09.08.2016 and the informant, later on, searched his wife and found her at her Maika and, thereafter, the informant accompanied her with him for his house on 12.08.2016 from there. This fact has also been supported by the informant at paragraph-22 of the case diary before the police. Later on, the informant got managed to record the statement of his wife under Section 164 of the Code of Criminal Procedure about her kidnapping by these petitioners and keeping her by them at different places. The informant with an ulterior motive lodged this false case on 14.08.2016. The petitioner nos.1 and 2 are in custody since 13.12.2016 whereas the petitioner no.3 is in custody since 18.10.2016.
Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Madhepura, in connection with Alamnagar P.S. Case No.109 of 2016.
(Rajendra Kumar Mishra, J) P.S./-
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