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Patna High CourtCR. MISC./40322/2017bail granted

Abhishek Kumar v. The State Of Bihar

2017-08-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40322 of 2017 Arising Out of PS.Case No. -134 Year- 2017 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================

1. Abhishek Kumar Son of Baiju Mahato, R/o Village- Dhangain, P.S.- Bikramganj, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rang Nath Choubey For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bikramganj P.S.Case No.134 of 2017, registered for offences punishable under Sections 366A of the Indian Penal Code. Allegation against the petitioner and the other accused persons is of kidnapping the daughter of the informant and taking her to Delhi.

Submission of the learned counsel for the petitioner is that though the allegation is levelled against the petitioner that he along with the other co-accused persons have kidnapped and taken her to Delhi and the statement of the girl also shows that that on the very next day, he was arrested, as such the story of the informant of taking her to Delhi and thereafter on returning back, he was arrested, appears to be doubtful and furthermore, no other

Patna High Court Cr.Misc. No.40322 of 2017 (2) dt.25-08-2017 2/2 allegation has been levelled against him and he is in custody for more than three months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, 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 S.D.J.M., Bikramganj, Rohtas in connection with Bikramganj P.S.Case No.134 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