Kanda Rajak @ Ishu Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38150 of 2017 Arising Out of PS.Case No. -164 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. Kanda Rajak @ Ishu Rajak Son of Radhe Rajak Resident of Mohalla Hasanpur Chaitola Police Station Kadamkuan, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kadamkuan P.S.Case No.164 of 2017, registered for offences punishable under Sections 363 and 365 of the Indian Penal Code. The petitioner is named in the F.I.R. and allegation against the petitioner and other accused persons is of kidnapping the mentally unsound girl of the informant.

Submission of the learned counsel for the petitioner is that there are some eye witnesses in this case and they have not taken name of the petitioner and even the family members have not named this petitioner. The petitioner is in custody since 30.4.2017. The charge has already been framed in this case. Heard learned A.P.P. also, who has opposed the

Patna High Court Cr.Misc. No.38150 of 2017 (4) dt.31-08-2017 2/2 prayer for bail on the ground that the petitioner is named in the F.I.R.

Having heard both sides and in view of the facts and circumstances, as stated above, as well as the fact that the charge has already been framed in this case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Kadamkuan P.S.Case No.164 of 2017. With 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 co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T