Patna High Court - Orders
Sham Nath Shah & Anr vs The State Of Bihar on 13 December, 2018
Author: Anil Kumar Upadhyay
Bench: Anil Kumar Upadhyay
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65722 of 2018
Arising Out of PS. Case No.-247 Year-2018 Thana- BRAHMPUR District- Buxar
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1. Sham Nath Shah, Son of Jag Narayan Shah,
2. Shubhanti Devi, Wife of Sham Nath Shah, Both are resident of
Village- Waina, Post- Waina, P.S.- Nawanagar, District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bhagya Narayan Jha
For the Opposite Party/s : Mr. Sri Narendra Kumar Singh
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL ORDER
2 13-12-2018Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in connection with Brahmpur (Krishna Brahm) P.S. Case No. 247 of 2018 for the offence under Sections 363/366(A)/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners submits that petitioners are father and mother of the boy with whom the victim girl had fled away. He further submits that they are major and with their own sweet will they are living together.
Considering the fact that the petitioners are father and mother and they have no criminal antecedent, the Court is Patna High Court Cr.Misc. No.65722 of 2018(2) dt.13-12-2018 2/2 inclined to grant privilege of anticipatory bail to the petitioners on the condtion that the Court below will ascertain whether the gril was major on the date of occurrence and if it is found that the girl was major on the date of occurrence the Court below released the petitioners on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of Learned C.J.M., Buxar in connection with Brahmpur, P.S. Case No. 247 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C.
(Anil Kumar Upadhyay, J) T.Kr./-
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