Preetam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7677 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -TATARPUR District- BHAGALPUR ======================================================

1. Preetam Kumar S/o Suresh Prasad Sah, Resident of- Kajichak, Bounsi Road, P.S.- Mojahidpur, District- Bhagalpur .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Praveen Kumar, Adv. For the State : Mr. Yogendra Kumar Singh, APP For the investigation : Mr. Md. Najmul Hoda, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offences under Sections 448, 354B and 34 of the Indian Penal Code.

Allegation against the petitioner and others is that they were apprehended at the spot, when they were talking with the daughter of the informant from her house with intent to kidnap her.

Submission of the petitioner is that false allegation is there because Akshay Sharma, the full brother of the victim-girl was friend of the petitioner. He had purchased the motorcycle by taking rupees fifty thousand from the petitioner and handed over the original owner book to the petitioner as security of re-payment of the money, aforesaid. But, money was not refunded and just to pressurize the present, false case is there. The

Patna High Court Cr.Misc. No.7677 of 2017 (3) dt.18-03-2017 2/2 petitioner has nothing to do in the matter of love affairs between the girl and co-accused, Hemraj Yadav. The petitioner is in custody since 02.01.2017.

Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Tatarpur P.S. Case No. 1 of 2017 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, or successor Court with the conditions that at the time of furnishing bail bond the petitioner shall file an affidavit that he shall not tamper with the evidence and shall fully cooperate with the investigation/trial of the case and if the Court below would come to notice that the petitioner has committed similar type of offence in future, the Court below shall be at liberty to cancel the bail bond of the petitioner in this case also (Birendra Kumar, J) SA/- U √ T √