Sonu Kumar @ Sonu Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.39518 of 2017 (3) dt.14-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39518 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Sonu Kumar @ Sonu Ram S/o late Vijay Ram Resident of VillageChakardah,P.S. Udwant Nagar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Adv For the Opposite Party/s : Mr. Sri Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 The petitioner seeks regular bail in connection with Udwant Nagar P.S. Case No. 115 of 2017, registered for offences punishable under Section 366 (A) 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 there are two contradictory statements of the girl recorded under Section 164 Cr.P.C. and in the first statement which was recorded on 17.05.2017, she has not made any allegation against the petitioner, whereas in the second statement, which was recorded on 18.05.2017, she named the petitioner, which itself shows the falsity of the prosecution case. Further petitioner has no criminal antecedents and has been in judicial custody since 17.05.2017. Heard learned A.P.P. also as well as learned counsel for the informant, they have opposed the prayer for bail. Having heard both sides, considering the facts and circumstances of the case and as there are two contradictory

Patna High Court Cr.Misc. No.39518 of 2017 (3) dt.14-09-2017 statements of the girl, as such, let 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, Ara, in connection with Udwant Nagar P.S. Case No. 115 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