Patna High CourtCR. MISC./44358/2017bail granted

Hemant Kumar v. The State Of Bihar

2017-10-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44358 of 2017 Arising Out of PS.Case No. -170 Year- 2017 Thana -BELAGANJ District- GAYA ======================================================

1. Hemant Kumar Son of Vijay Das, R/o Village- Ore, P.S.- Belaganj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The petitioner seeks regular bail in connection with Belaganj P.S. Case No. 170 of 2017 registered for offences punishable under Section 363/366-A of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant.

It has been submitted on behalf of the petitioner that the whole prosecution is false and concocted and as a matter of fact, there was love affair between the parties but after recovery and due to fear of family, she has stated about the kidnapping. However, apart from the allegation of kidnapping, no other allegation has been attributed against the petitioner and he is in custody for more months. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty

Patna High Court Cr.Misc. No.44358 of 2017 (3) dt.09-10-2017 2/2 Five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XIth, Gaya in connection with Belaganj P.S. Case No. 170 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 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) sushma/- U T