Patna High CourtCR. MISC./29747/2016bail granted

Kanhaiya Kumar v. The State Of Bihar

2016-09-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29747 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kanhaiya Kumar S/o Late Bhuteli Sah Resident of Purani Bazar, Kesariya, P.S. Kesariya, distt East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sangeet Deokuliar, Advocate. For the Opposite Party : Mr. Smt. Nirmala Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Kesariya P.S. Case No. 59 of 2016 for the offences instituted under Sections 363 and 366A/34 of the Indian Penal Code. The allegation against the petitioner is of abduction of minor daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.02.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The victim has been recovered and her statement under section 164 of the Cr.P.C. has

Patna High Court Cr.Misc. No.29747 of 2016 (3) dt.06-09-2016 2/2 been recorded, in which, she has not made any allegation of physical or sexual abuse against the petitioner. She was taken to temple for the purpose of marriage, where she was apprehended by her parents and the police.

On behalf of the State, it has been submitted that the petitioner is named in the First Information Report. 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 Additional Chief Judicial Magistrate,11, Motihari, East Champaran, in connection with Kesariya P.S. Case No. 59 of 2016.

(Sudhir Singh, J.) Amit/- U T