Deepak Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49521 of 2015 Arising Out of PS.Case No. -268 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Deepak Poddar Son of Late Umesh Poddar Resident of Village/Mohalla - Muneriganj, P.S.- Begusarai Town, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Pradip Nr. Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-02-2016 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 sections 365, 366 (A) and 120 B of the I.P.C Allegedly, Sonali aged 17 years, the sister of the informant, went with Ritwik Sarraf, the younger brother of Sonali's friend Ayushi Sarraf and thereafter she did not return and Ritwik Sarraf told the informant that he has left Sonali near Minakshi Hotel, Station Road. It is alleged that from the mobile nos. 8658373626, 8895858109 and 9863108252 some one was torturing his sister and the owner of those mobiles might have kidnapped his sister. During investigation on the basis of the call

Patna High Court Cr.Misc. No.49521 of 2015 (3) dt.12-02-2016 2/3 details the petitioner was apprehended and he confessing his guilt stated that at the direction of Akash Kumar Sinha and Murari Singh he brought the victim girl to Calcutta and the victim girl went away with them.

Submission is of false implication and that the petitioner has got no concern with the victim girl, during investigation it has come that the victim girl was having love affair with a boy and she out of her own sweet will went away with that boy, the alleged confessional statement of the petitioner has been manufactured by the police and as such the petitioner who is suffering in custody since 12.05.2015 deserves sympathetic consideration.

The learned A.P.P. submits that the petitioner has confessed the guilt.

In the facts and circumstances as stated above, considering detention of the petitioner at this stage and further that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Muzaffarpur in Muzaffarpur Town P.S. Case No. 268 of 2015, subject to the conditions that one of

Patna High Court Cr.Misc. No.49521 of 2015 (3) dt.12-02-2016 3/3 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) Abhay/- U T