Birendra Kamat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25278 of 2017 Arising Out of PS.Case No. -202 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================

1. Birendra Kamat, Son of Jago Kamat.

2. Nitesh Kumar @ Nithish Kumar Son of Birendra Kamat. Both Resident of Village-Makroi, Police Station-Pipra, District-Supaul. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr.Udai Chand Pd. with Mr. Manoj Kumar For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Supaul P.S.Case No. 202 of 2017 registered for the offences punishable under Sections 363, 307 and 34 of the Indian Penal Code.

Allegation against the petitioners is that they abducted son of the informant.

It has been submitted on behalf of the petitioners that petitioner No.1 is father-in-law of the victim and petitioner No.2 is brother-in-law and, as a matter of fact, it has come in the case diary that the victim has abducted daughter of petitioner No.1 and married some other lady and, as such, some dispute took place and they have falsely been implicated in this case and they are in custody for three months.

Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.25278 of 2017 (3) dt.05-07-2017 2/2 facts and circumstances, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Supaul P.S.Case No. 202 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

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

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U