Siddharth Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25547 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Siddharth Kumar son of Chhotan Prasad Tanti @ Chote Lal Prasad Tanti Resident of Village/Mohalla - Bengalipar, P.S. - Sheikhpura, District - Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2017 The petitioner seeks regular bail in connection with Sheikhpura P.S. Case No. 112/17, registered for offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor girl of the informant.

It has been submitted on behalf of the petitioner that statement of the victim girl recorded under Section 164 Cr.P.C., itself shows that though petitioner has taken her with himself to house of his aunt but his aunt handed over her to the police very next day and there is no allegation except that in the F.I.R as well as in the statement of the girl recorded under Section 164 Cr.P.C.

Patna High Court Cr.Misc. No.25547 of 2017 (3) dt.29-06-2017 2/3 It has further been submitted that as a matter of fact, there was love affair between the petitioner and the girl and only due to the pressure, allegation has been made against the petitioner. Petitioner has no criminal antecedent and has been in judicial custody for last three months and now chargesheet has also been filed.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the statement of the girl recorded under Section 164 Cr.P.C., let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Sheikhpura, in connection with Sheikhpura P.S. Case No. 112 of 2017, subject to the 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 cooperate in the disposal

Patna High Court Cr.Misc. No.25547 of 2017 (3) dt.29-06-2017 3/3 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.

(Vinod Kumar Sinha, J) sunil/- U T