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Patna High Court - Orders

Vikram Sah vs The State Of Bihar on 11 April, 2019

Author: Prabhat Kumar Jha

Bench: Prabhat Kumar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23524 of 2019
                       Arising Out of PS. Case No.-276 Year-2018 Thana- HAJIPUR District- Vaishali
                 ======================================================
           1.     Vikram Sah, aged about 29 years, Male, Son of Satrudhan Sah, R/o village
                  Jadhua, P.S. Hajipur Town, District- Vaishali
           2.    Vishal Kumar, aged about 27 years, Male, Son of Satrudhan Sah R/o village-
                 Jadhua, P.S.- Hajipur Town, District- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Chandra Kant
                 For the Opposite Party/s :        Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
                                       ORAL ORDER

2   11-04-2019

Heard both sides.

Petitioners apprehend their arrest in Hajipur Town P.S. Case No.276 of 2018, registered under Sections 365 and 34 of the Indian Penal Code. Later on Section 376 of the Indian Penal Code was added.

Learned counsel for the petitioners submits that the petitioners are co-sharer of the informant. The informant lodged the case for kidnapping of his wife but from perusal of Hajipur Town P.S. Case No.72 of 2018, it would appear that the victim herself filed case on 04.02.2018 under Sections 379, 324 and other sections of the Indian Penal Code. There is a series of litigation between the petitioners on the one side and the victim Patna High Court CR. MISC. No.23524 of 2019(2) dt.11-04-2019 2/2 on the other side. The victim herself filed Complaint Case No.80 of 2019 against her husband that her husband forced her to file false and fabricated case against the petitioners and others.

Call for legible xerox copy of the case diary of Hajipur Town P.S. Case No.276 of 2018 from the court of the learned C.J.M., Vaishali at Hajipur.

List this case on 13.05.2019.

In the meantime, petitioners shall not be arrested in connection with Hajipur Town P.S. Case No.276 of 2018, pending in the court of the learned CJM, Vaishali at Hajipur.

(Prabhat Kumar Jha, J) S.KUMAR/-

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