Govinda Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5826 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -SIGORI District- PATNA ======================================================

1. Govinda Kumar, Son of Krishna Choudhary, Resident of Bahadurganj, P.S- Sigori, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr. Anil Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under Section 366A of the I.P.C.

Allegedly, Saista Praveen, the daughter of the informant, was kidnapped by co-accused Kundan Kumar with purpose to marry with her with assistance of other co-accused. The petitioner is not named in the First Information Report but his name came in the statement of the victim recorded under Section 164 Cr.P.C. Submission is of false implication and that the victim was in love with co-accused Kundan Kumar, she went out of the own free will, she has not stated regarding any sexual assault and that co-accused Kundan Kumar has already been allowed bail by

Patna High Court Cr.Misc. No.5826 of 2016 (2) dt.18-02-2016 2/2 another co-ordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration as the dispute between the parties has already been settled amicably.

The learned A.P.P. fairly submits that the victim has not alleged regarding sexual assault.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sri Shyamal Kumar, learned Judicial Magistrate, 1st class, Danapur, District Patna in connection with Sigori P.S. Case No.30 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Narendra/- U T