Sanjiv Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.30989 of 2016 (4) dt.29-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30989 of 2016 Arising Out of PS.Case No. -445 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Sanjiv Kumar S/o Sri Vidyanand Rai, resident of village Chadhua, P.S. Kurhani, O.P. Turki, District Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Verma, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2016 Supplementary affidavit has been filed on behalf of the petitioner. The same may be kept on the record. Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 363, 366A, 376 and 120B/34 of the I.P.C.

The allegation is that the accused persons including the petitioner have kidnapped the daughter of the informant and some of the accused have committed rape upon the informant's daughter on several occasions after kidnapping her. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.12.2015 and the charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.30989 of 2016 (4) dt.29-09-2016 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. In the supplementary affidavit, it has been stated by the petitioner that he is ready to keep the victim with all due respect and dignity. The counsel for the informant also accepts his willingness submitting that the victim is also willing to stay with the petitioner.

Considering the aforesaid facts and circumstances and taking into account the willingness of the parties to stay together, for the ends of justice, 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 Sri Manish Kumar, learned J.M., 1st class, Muzaffarpur in connection with Kurhani (Turki O.P.) P.S. case No.445 of 2015. If the informant is satisfied that the victim is being tortured, she will be at liberty to file a petition for cancellation of bail of the petitioner.

(Sudhir Singh, J) Narendra/- U T