Prem Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27887 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -SHEIKHOPUR SARAI District- SEKHPURA ====================================================== Prem Shankar Kumar S/o Surendra Ram R/o Village- Pawa Puri, P.S. Giriyak, District Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate. For the Opposite Party/s : Mr. Rajeev Nayan, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Session Trial No. 25 of 2017 arising out of Shekhopur Sarai P.S. Case No. 101 of 2016 registered under Sections 363, 366 and 34 of the Indian Penal Code.

The petitioner has been indicted with kidnapping of the wife of the informant along with his daughter from his house in his absence.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. He has been falsely implicated in this case. The victim i.e. the wife of the informant happens to be major and she herself went with the petitioner and was arrested at Mankattha Railway Station

Patna High Court Cr.Misc. No.27887 of 2017 (2) dt.22-06-2017 2/2 along with the petitioner on coming from Delhi. Though the victim in her statement recorded under Section 164 of the Code of Criminal Procedure has stated that the petitioner had taken her with him but she never made any complaint in this regard either to the police or to her husband. The petitioner has been languishing in custody since 09.01.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Sheikhpura in connection with Session Trial No. 25 of 2017 arising out of Shekhopur Sarai P.S. Case No. 101 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T