Binod Kumar Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5541 of 2015 Arising Out of PS.Case No. -191 Year- 2013 Thana -BHAWANIPUR District- PURNIA ======================================================
1. Binod Kumar Sharma S/O Sakaldeep Sharma Resident of vill-Bharosa Singh Tola,Kadwa,P.S-Kadwa, Distt-Naugachiya(Bhagalpur)
2. Lal Kumar@Raj Kumar S/O Narayan Singh Resident of villKadwa(Kasimpur) Bind Tola, P.S-Dholbajja, Distt-Naugachiya, (Bhagalpur) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Braj Kishore Pd. (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-02-2015 Heard learned counsels for the petitioners and the State.
The petitioners are languishing in custody since 27.10.2014 in a case registered for the offences punishable under Sections 364A and 120B/34 of the Indian Penal Code. It is alleged that the informant's son and husband were kidnapped leading to the registration of the FIR against unknown. During investigation the victims were released form the captivity of the abductors but the victims' statements have been recorded in para 18 and 19 of the case diary when they did not disclose the name of the petitioners. Statement to that
Patna High Court Cr.Misc. No.5541 of 2015 (02) dt.13-02-2015 2/2 effect has been made in para 10 of the petition. Name of the petitioners sprang up on confession of Prakash Matho. It is submitted by learned counsel for the petitioners that only on suspicion the petitioners have been roped in the present case. The victims have not named the petitioners and others have been granted bail vide Cr. Misc. Nos. 34524 of 2014, 41966 of 2014, 48595 of 2014 and 46459 of 2014. Considering the aforesaid facts, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No. 191 of 2013.
Considering the criminal antecedent of the petitioners, the learned court below will be at liberty to cancel the bail bonds of the petitioners, if they substantially get involved in some serious nature of the offence or default for two consecutive occasions.
(Dinesh Kumar Singh, J) DKS/- U T