Niranjan Yadav @ Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33155 of 2018 Arising Out of PS.Case No. -68 Year- 2017 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Niranjan Yadav @ Niranjan Kumar Son of Gopal Prasad @ Gopal Yadav Resident of Village- Daulatpur, P.S. Tetua (Atri), District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kiran Sinha For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Neemchak Bathani P.S.Case No.68 of 2017 , registered for offences punishable under Sections 363, 365, 366 and 120B/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the daughter of the informant.

Submission of the learned counsel for the petitioner is that the statement of the girl has been recorded under Section 164 Cr.P.C., in which she has disclosed her age as 19 years and she has stated that she was taken by the petitioner but further she has stated that she wants to live with the petitioner. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.33155 of 2018 (2) dt.03-07-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM Xth, Gaya, in connection with Neemchak Bathani P.s.Case no.68/2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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 the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T