Patna High CourtCR. MISC./17759/2019bail granted

Santosh Kumar v. The State Of Bihar

2019-04-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17759 of 2019 Arising Out of PS. Case No.-43 Year-2018 Thana- SAMHO District- Begusarai ====================================================== SANTOSH KUMAR Son of Rajesh Bind Resident of Village - Salha, Bind Toli, P.S.- Shamho, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363 and 366 of the Indian Penal Code. The prosecution case in short is that the accused persons forcibly abducted the daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.10.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. No physical or sexual abuse is alleged against the petitioner. On recovery, the statement of the

Patna High Court CR. MISC. No.17759 of 2019(3) dt.24-04-2019 2/2 victim has been recorded under Section 164 Cr.P.C. in which she has not supported the allegations made in the F.I.R. There is no medical examination report in support of the allegation. On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai in connection with Shamho P.S. Case No. 43/18.

(Sudhir Singh, J) Pankaj/- U T