Sudhir Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18896 of 2022 Arising Out of PS. Case No.-565 Year-2021 Thana- NAGAR District- Vaishali ====================================================== SUDHIR SINGH S/o Kailash Singh R/o village- Jadhua Pakhra, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 365, 366A of the Indian Penal Code.
According to prosecution case, as per the written report of the informant that on 12.07.2021 his daughter namely Priti Kumari aged about 15 years went to school but she did not returned till date. He tried his level best to find out his daughter but it was fruitless. From last some days in course of going to school one Chaman Kumar was use to follow his daughter. When the informant came to know about the said fact, he instructed to the father of Chaman Kumar. The informant has
Patna High Court CR. MISC. No.18896 of 2022(3) dt.19-09-2022 2/3 suspected that Chaman Kumar, Sudhie Singh, Pradip Kumar, connivance with each other have kidnapped his daughter. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that in fact the petitioner is father of main accused namely, Chaman Kumar. He further submits that petitioner has no role at all in the present occurrence and as per F.I.R. the allegation against the petitioner that he alongwith his son namely Chaman Kumar and son-inlaw, Pradip Kumar, with criminal conspiracy have kidnapped the minor daughter of the informant. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 11.08.2021.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 Court below where the case is pending in connection with Hajipur Town P.S. Case No.
Patna High Court CR. MISC. No.18896 of 2022(3) dt.19-09-2022 3/3
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T