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Patna High CourtCR. MISC./9385/2019bail granted

Satyendra Singh v. The State Of Bihar

2019-04-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9385 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== SATYENDRA SINGH, aged about 26 years (Male), Son of Shri Singh, Resident of Village-Korma, P.S.-Warisaliganj , District-Nawada. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Man Mohan Kumar, Advocate.

For the Opposite Party :

Mr.Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 09.08.2018 in a case for the offence registered under Sections 366(A)/34 of the IPC.

The prosecution story, in brief, is that on 20.07.2018 at about 6.00 P.M., the informant's daughter, namely, Reena Kumari, was going to her Dalan, in the meantime, accused persons including the petitioner caught her forcibly on the point of pistol and fled away to Warisaliganj side with her on two motorcycles. It is further alleged that on alarm, the informant and others came out from their house and due to fear of arms of accused, they could not rescue the victim though accused persons were chased for some distance. It is also alleged that the informant searched her daughter but did not trace her.

Patna High Court CR. MISC. No.9385 of 2019(4) dt.16-04-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No protest has been made by the victim while she was being taken by the petitioner and other co-accused persons. No hulla was made by her at any point of time. There is contradiction in the statement of the victim made under Section 161 of Cr. P.C. and under Section 164 of Cr. P.C. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- IInd, Nawada, in connection with Warisaliganj P.S. Case No. 256 of 2018.

(Sudhir Singh, J) U.K./- U T