Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2813 of 2017 Arising Out of PS.Case No. -140 Year- 2016 Thana -GORIAKOTHI District- SIWAN ====================================================== Santosh Kumar Singh Son of Bisharjan Singh, Resident of VillageMohammadpur Nirmal Tola, P.S.Madhopur, District Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Goreakothi P.S. Case No. 140 of 2016 registered for the offences punishable under sections 363 and 366 of the Indian Penal Code. Allegedly co-accused, Manish Yadav kidnapped the sister of the informant with the help of his partners and during investigation, it transpired that the petitioner and Anil Yadav have also assisted Manish vide para 27 of the case diary. Submission is of false implication and that love affair was going on between Manish and the victim girl, the petitioner has forbidden Manish, the petitioner was not present at the time of kidnapping and without any default he is in custody since

Patna High Court Cr.Misc. No.2813 of 2017 (3) dt.22-02-2017 2/2 15.11.2016, he has got no criminal antecedent and as such, he deserves sympathetic consideration. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP opposes the prayer of bail.

In the facts and circumstances as stated above, considering the limited role of the petitioner, Santosh Kumar Singh is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Goreakothi P.S. Case No. 140 of 2016, 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) Mahesh/- U T