Patna High CourtCR. MISC./46239/2017bail granted

Sunil Kumar v. The State Of Bihar

2017-09-19Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.46239 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46239 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -GAYA MUFFSIL District- GAYA ====================================================== Sunil Kumar, Son of Badhan Yadav, Resident of Village - Chatar, P.S. - Mohanpur, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioner seeks regular bail in connection with Gaya Muffasil P.S. Case No. 197 of 2017, registered for offences punishable under Section 366(A) and 120(B) 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 F.I.R itself shows the age of the girl as 17 years and from perusal of the statement under Section 164 Cr.P.C., it will appear that she was a consenting party. However, no allegation of rape or any overt act has been levelled against the petitioner and he has been in judicial custody since 06.07.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.46239 of 2017 (2) dt.19-09-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Gaya Muffasil P.S. Case No. 197 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) sunil/- U T