Chhoti Kumar @ Sunny Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.51564 of 2017 (2) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51564 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -PARSABAZAR District- PATNA ====================================================== Chhoti Kumar @ Sunny Kumar Son of Shyam Ram, resident of VillageKhaprail Chak, P.S. Parsa Bazar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 05.09.2017 in connection with Parsa Bazar P.S. Case No. 96 of 2017 (G.R. No. 3223 of 2017) for the alleged offences under Sections 363, 365 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as evident from the deposition of the so-called victim girl recorded under Section 164 Cr.P.C. wherein she has categorically stated that she voluntarily accompanied the petitioner to Mumbai with whom she is in love and has been living with him. The said girl is aged about 19 years and her date of birth according to her PAN Card is 13.08.1998.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Smt. Gayatri Kumari, learned A.C.J.M.. Patna in connection with

Patna High Court Cr.Misc. No.51564 of 2017 (2) dt.13-11-2017 Parsa Bazar P.S. Case No. 96 of 2017 (G.R. No. 3223 of 2017) on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T