Govind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15914 of 2019 Arising Out of PS. Case No.-158 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== GOVIND KUMAR SINGH S/o Late Shivnath Singh, Resident of MohallaImlighat, Gullawara, P.S.- Town, District- Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pankaj Kumar Das, Advocate For the Opposite Party :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks bail in connection with Darbhanga (Town) P. S. Case No. 158 of 2018 registered under Sections 363, 366/34 of the Indian Penal Code. Learned counsel for the petitioner submitted that neither the ingredients of Section 363 nor the ingredients of Section 366 of the Indian Penal Code are attracted in the present case. The statement made by the victim, as recorded under Section 164 of the Code of Criminal Procedure would clearly show that she was not abducted by anyone rather she had gone

Patna High Court CR. MISC. No.15914 of 2019(3) dt.20-05-2019 2/3 together with the petitioner out of her own sweet will. Learned counsel for the State and learned counsel for the informant have opposed the prayer for grant of bail to the petitioner. They conceded that in her statement made under Section 164 of the Code of Criminal Procedure, the victim has not alleged that she was forcibly abducted.

Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga (Town) P. S. Case No. 158 of 2018, subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise

Patna High Court CR. MISC. No.15914 of 2019(3) dt.20-05-2019 3/3 to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) kanchan/- U T