High Court Patna High Court - Orders

Upendra Sah &Amp; Ors vs State Of Bihar on 26 August, 2010

Patna High Court – Orders
Upendra Sah &Amp; Ors vs State Of Bihar on 26 August, 2010
                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                                            Cr.Misc. No.26832 of 2010
                 1.   UPENDRA SAH son of Kishori Sah
                 2.   Lalan Sah son of Nandu Sah
                 3.   Krishna Nandan Sah son of Ram Bahadur Sah
                 4.   Sakindra Sah son of Ram Bahadur Sah
                 5.   Ramnath Sah son of late Sahdeo Sah
                 6.   Dashrath Sah son of Rohan Sah
                 7.   Bindeshwar Sah son of Dashrath Sah----------------------Petitioners.
                                                        Versus
                                                 STATE OF BIHAR .
                                                      -----------

2. 26.8.2010 Heard Learned counsel for the petitioners and the State.

Informant’s son disappeared on 17.6.2008. Allegation

against the petitioners is that they came to the informant and told that

they had kidnapped his son for ransom of Rs. 2 lacs. Same is doubted on

the ground that earlier to the disclosure an application was given by the

informant on 17.6.2009 near about a year of the incident to the police to

search his son and according to the learned counsel, now some dispute

cropped up the incident of missing of the boy is turned to a kidnapping.

Otherwise, there can be no probability of such disclosure only after two

years of the incident. If really ransom was the reason for kidnapping that

should be demanded earlier.

Having regard to the facts and circumstances of the case, in

the event of arrest or surrender within a period of one month from the

date of receipt/production of a copy of this order, above named

petitioners shall be released 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 Chief Judicial Magistrate, Sitamarhi, in

connection with Dumra P.S. case no.93 of 2010 ,subject to the

conditions as laid down under section 438(2) of the Code of Criminal
2

Procedure.

Sudip                    ( Mandhata Singh,J )
                     a