Sunil Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46166 of 2017 Arising Out of PS.Case No. -136 Year- 2012 Thana -GOPALPUR District- BHAGALPUR ====================================================== Sunil Modi, Son of Akhileshwar Modi, Resident of Village- Bikrampur, Police Station- Bihpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Advocate. For the Opposite Party/s : Mr. Mukeshwar Dayal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 422 of 2017 arising out of Gopalpur P.S. Case No. 136 of 2012 registered under Sections 363, 366A and 372 of the Indian Penal Code.

The petitioner along with his daughter is said to have kidnapped the minor daughter of the informant who happens to be sister-in-law (Nanad) of his daughter. The victim in her statement recorded under Section 164 of the Code of Criminal Procedure has stated that her sister-in-law (Bhabhi) has kidnapped her by putting some intoxicating powder on her face along with four other boys and the petitioner was also with them.

Patna High Court Cr.Misc. No.46166 of 2017 (2) dt.21-09-2017 2/2 It is submitted by learned counsel for the petitioner that the victim has herself went to Haridwar along with her sisterin-law, namely, Chandani Devi and from there they have arrived at the house of the petitioner from where the victim was recovered. The petitioner has no concern with the aforesaid occurrence of kidnapping. He has been languishing in custody since 17.03.2016. Charge in the case has already been framed on 19.06.2017, but till date no evidence has been produced by the prosecution.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Naugachia in connection with Sessions Trial No. 422 of 2017 arising out of Gopalpur P.S. Case No. 136 of 2012. (Prakash Chandra Jaiswal, J) Mishra/- U T