Kamod Ram vs The State Of Bihar on 21 August, 2019

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Patna High Court - Orders

Kamod Ram vs The State Of Bihar on 21 August, 2019

Bench: Prabhat Kumar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52064 of 2019
                      Arising Out of PS. Case No.-3 Year-2019 Thana- SONBERSA District- Sitamarhi
                 ======================================================
           1.     KAMOD RAM Son of Late Maru Ram
           2.    Dipak Ram Son of Kamod Ram
           3.    Sunita Devi Wife of Kamod Ram
           4.    Vinod Ram Son of Late Maru Ram
           5.    Jitendra Ram Son of Vinod Ram
           6.    Ram Prawesh Ram Son of Viresh Ram
           7.    Vikash Ram Son of Viresh Ram
           8.    Madan Ram Son of Viresh Ram
                 All resident of Village - Kwari Ward No. -1, P.S.- Majorganj, District-
                 Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar
                 For the Opposite Party/s :       Mr.Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
                                       ORAL ORDER

2   21-08-2019

Heard both sides.

The petitioners apprehend their arrest in Sonbarsa P.S. Case No.3 of 2019 registered under Sections 323, 364, 120B and 34 of the Indian Penal Code.

The informant named the petitioners and others and alleged that they kidnapped her son, Sudhir Ram and her son is still traceless.

The learned counsel for the petitioners submits that the occurrence is of 22.11.2018. The informant filed Complaint Patna High Court CR. MISC. No.52064 of 2019(2) dt.21-08-2019 2/3 Case No.1869 of 2018 on 19.12.2018 after one month of the occurrence on the basis of which the present F.I.R. was registered. It is further submitted that prior to institution of the present case, Kamod Ram(petitioner No.1) filed Majorganj P.S. Case No.467 of 2018 registered under Section 363, 366A and 34 of the Indian Penal Code for kidnapping of his daughter by Sudhir Ram and others. The daughter of petitioner No.1 along with Sudhir Ram are still traceless but taking advantage of this fact, the informant lodged present case for kidnapping of his son.

Taking into consideration the fact that prior to institution of the present case, Kamod Ram filed Majorganj P.S. Case No.467 of 2018 for kidnapping of his daughter by Sudhir Ram, the son of the informant and others and when the son of the informant and daughter of petitioner No.1 did not appear, it appears that informant filed false case for kidnapping of her son, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 learned A.C.J.M.-IV, Sitamarhi in connection with Sonbarsa Patna High Court CR. MISC. No.52064 of 2019(2) dt.21-08-2019 3/3 P.S. Case No.3 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/-

U      T

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Patna High Court - Orders