Patna High CourtCR. MISC./7227/2017bail granted

Vikesh Kumar And ORS v. The State Of Bihar

2017-03-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7227 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -KHODABANDPUR District- BEGUSARAI ======================================================

1. Vikesh Kumar Son of Dinesh Das,

2. Pramod Kumar Son of Dinesh Das

3. Krishanandan Kumar Son of Ram Sevak Mahto All Resident of VillageBhoja P.S.-Khodawandpur, District-Begusarai (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mira Kumari For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Khodawandpur (Chourahi O.P.) P.S. case no. 106 of 2016 for the offence under Sections 364, 366(A) of Indian Penal Code.

It is alleged that niece of the informant Anjali Kumari aged about 13 years was kidnapped by these petitioners. After that, the victim girl has been recovered and she has stated in her statement under Section 164 of Code of Criminal Procedure that when she was going by tempo, petitioner sat on the tempo and took her to unknown place. Lateron, when petitioners learnt that the case has been filed, they left her.

Patna High Court Cr.Misc. No.7227 of 2017 (3) dt.24-03-2017 2/2 Learned counsel for the petitioners submits that as per para 3 of the petition, petitioner has clean antecedent. From the statement of the victim recorded under Section 164 of Code of Criminal Procedure, it appears that besides general allegation that they sat on tempo and took her to unknown place, there is no overt act alleged against the petitioners and petitioners are in custody since 07.12.2016.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners 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 Sub-Divisional Judicial Magistrate, Manjhaul in connection with Khodawandpur (Chourahi O.P.) P.S. case no. 106 of 2016 subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J.) rinkee/- U T