Sikandra Kumar @ Sikandra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19512 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sikandra Kumar @ Sikandra Sah Son of Chandrika Sah, Resident of village - Ajgari Math, P.S. Banjariya, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Turkaulia (Banjaria) P.S.Case No.198 of 2016, registered for offences punishable under Sections 364A and 120-B/34 of the Indian Penal Code.

The petitioner is named in the F.I.R. and there is allegation that he along with the other co-accused person kidnapped the son of the informant, however, it is submitted on behalf of the petitioner that the victim has not disclosed name of the petitioner in his statement under Section 164 Cr.P.C. and the other coaccused person, whose name has been disclosed by the victim boy, has already been granted bail by this Court, vide order dated 24.4.2017 passed in Cr. Misc. No.6291 of 2017 and the petitioner

Patna High Court Cr.Misc. No.19512 of 2017 (2) dt.03-05-2017 2/2 is in custody since 22.12.2016. He has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the petitioner has no criminal antecedent and the other co-accused person, having similar allegation, has already been granted bail, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M. at Motihari, East Champaran, in connection with Turkaulia (Banjaria) P.S.Case No.198 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U