Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 3, Cited by 0]

Patna High Court - Orders

Ram Pratap Singh & Ors vs The State Of Bihar on 2 February, 2016

Author: Sudhir Singh

Bench: Sudhir Singh

      Patna High Court Cr.Misc. No.39327 of 2015 (3) dt.02-02-2016




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.39327 of 2015
                         Arising Out of PS.Case No. -38 Year- 2014 Thana -MUZAFFARPUR SADAR District-
                                                         MUZAFFARPUR
                   ======================================================
                   1. Ram Pratap Singh son of Late Nathun Singh,
                   2. Manju Devi @ Manju Kumari wife of Shri Ram Pratap Singh,
                   3. Shweta Kumari @ Sweta Kumari, daughter of Shri Ram Pratap Singh,
                      All residents of Village- Sindhpur, Post Office+Police Station- Banke
                      Bazar, District- Gaya.

                                                                                   .... ....   Petitioners
                                                          Versus
                   1. The State of Bihar
                   2. Chandrakala Devi wife of Ram Prasad Gupta, resident of Village-
                      Govarsahi, Police Station- Sadar, District- Muzaffarpur.

                                                                .... .... Opposite Parties
                   ======================================================
                   Appearance :
                   For the Petitioners      : Mr. Rajendra Lal Das, Advocate
                   For the Opposite Parties : Mr. Parmanand Kumar, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                   ORAL ORDER

3   02-02-2016

A supplementary affidavit has been filed on behalf of the petitioners, the same is kept on record.

Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Muzaffarpur Sadar P.S. Case No. 38 of 2014 for the offences instituted under Sections 363 and 365 of the Indian Penal Code.

As per prosecution case the informant/complainant alleged that she is a handicapped lady. It is further alleged that Aman Kumar is her only son whose marriage was solemnized with Sweta Kumari in a temple and before a Notary public and Patna High Court Cr.Misc. No.39327 of 2015 (3) dt.02-02-2016 they lived together for some time and on day Sweta told her that her father had called her on the occasion of Chhath festival and then on 03.11.2013 both husband and wife went at parental home of Sweta but her son did not return and she has no trace of her son.

It has been submitted on behalf of the petitioners that the petitioner nos.2 and 3 are ladies. Petitioners have been made accused due to mistake of fact. The police has submitted a final form against the petitioners which is Annexure-5 to the supplementary affidavit.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Muzaffarpur Sadar P.S. Case No. 38 of 2014 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 CJM, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./-

  U          T