Patna High CourtCR. MISC./64542/2018bail granted

Pappu Kumar v. The State Of Bihar

2018-10-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64542 of 2018 Arising Out of PS.Case No. -528 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Pappu Kumar S/o Jagdish Rai, Resident of Village- Gokhula Tola Tarkulwa, P.S. Banjariya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner, informant and the learned A.P.P. for the State.

The petitioner seeks bail in Turkauliya (Banjaria) P.S. Case No. 528/2017, instituted for the offences under Sections 365, 363/34 of the Indian Penal Code.

In the written report, informant has alleged that unknown persons have kidnapped his 2 1⁄2 year old son. Learned counsel for the petitioner has submitted that the occurrence is alleged to have taken place on 23.08.2017 and the F.I.R. has been lodged on 26.08.2017 without explanation of such delay. Name of this petitioner has come during investigation in paragraphs 47 and 48 of case diary. It is further submitted that in para 47 of case diary, one Md. Kalam has given his statement

Patna High Court Cr.Misc. No.64542 of 2018 (2) dt.26-10-2018 2/2 and in para 48 his brother Safi has given his statement. It is further submitted that in fact Md. Kalam was in jail at the time of occurrence in connection with Turkauliya P.S. Case No. 224/2017. He was in jail from 30.06.2017 to 20.12.2017. It is further submitted that his brother Safi is still absconding in that case. Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 Chief Judicial Magistrate, Motihari in connection with Turkauliya (Banjaria) P.S. Case No. 528/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J.) Rakhi U T