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Patna High CourtCR. MISC./22581/2018bail granted

Tinku Kumar @ Rinku Kumar @ Tunnu v. The State Of Bihar

2018-04-19Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22581 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- MANER District- Patna ====================================================== Tinku Kumar @ Rinku Kumar @ Tunnu S/o Late Lal Bahadur Rai, R/o vill.- Jamsaut, Murarchak, P.S.- Shahpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 08.02.2018 in connection with Maner P.S. Case No. 42 of 2018 registered for the offence punishable under Sections 363 and 366/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Muskan Kumari and niece Gauri Kumari aged 15 years and 14 years respectively, who used to sell clothes, have been forcefully taken away by co-accused Anurag and Santosh Kumar.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and no overt act has been alleged by the two victim girls

Patna High Court Cr.Misc. No.22581 of 2018(2) dt.19-04-2018 2/2 in their statement under Section 164 of the Cr.P.C. He submits that co-accused Santosh Kumar has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 16235 of 2018 vide order dated 22.03.2018.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Sandeep Kumar, learned Judicial Magistrate 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 42 of 2018, subject to the condition that the petitioner will cooperate in the investigation/ trial, failing which the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T