Mantu Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.18067 of 2016 (4) dt.28-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18067 of 2016 Arising Out of PS.Case No. -180 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mantu Singh

2. Vikash Kumar Singh Both son of Bhup Narayan Singh Resident of Village- Chorma, PS Pakaridayal, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh - 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Pakaridayal P.S. Case No. 180 of 2015, G.R. No. 6774 of 2015 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code. Allegedly, Anjali Kumari, aged 16 years, the daughter of the informant was kidnapped by the petitioners and other coaccused. Submission is of false implication and that the victim girl earlier filed a petition in the Court of A.C.J.M.-V, Sikarahana, East Champaran stating that she was not kidnapped rather she had gone with her sweet will and solemnized marriage with Mohan Kumar Singh, son of Raghunath Singh and that petition was sent

Patna High Court Cr.Misc. No.18067 of 2016 (4) dt.28-06-2016 to the police which is mentioned in para 30 of the case diary. Later on, the statement of the victim girl has also been recorded under Section 164 Cr.P.C., wherein, she has stated similarly as in the petition. The petitioners have got no concern with the alleged crime and, as such, they deserve sympathetic consideration. The learned A.P.P. fairly submits that from para 30 of the case diary, it reveals that victim girl has not supported the prosecution version.

In the facts and circumstances stated above, above named, petitioners are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.MV, East Champaran in connection with Pakaridayal P.S. Case No. 180 of 2015, G.R. No. 6774 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

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