Shahil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8787 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- TELHARA District- Nalanda ====================================================== SHAHIL KUMAR, aged about 19 years, (M) Son of Birendra Singh Resident of Bitokhari, P. S. - Telhara, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 363, 366 and 366(A) of the Indian Penal Code.

Allegation against petitioner is of kidnapping the daughters and grandson of the informant.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to enmity and village politics. He is a student and has no criminal antecedent. Victim was not recovered from his possession. All the three victims have given altogether different version in their statement made under Section 164 of Cr.P.C. It has been further stated that victim herself went to Kodarama to enjoy festival. He is in custody since 26.10.2018.

Patna High Court CR. MISC. No.8787 of 2019(3) dt.13-03-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Telhara P.S. Case No. 171 of 2018 with following condition:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U