Gorakh Kumar Roy @ Gourav Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66374 of 2018 Arising Out of PS. Case No.-233 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Gorakh Kumar Roy @ Gourav Kumar Singh Son of Sri Mahant Kumar Singh Resident of Village-P.N.T. Chouck P.S. Sahayak,Distt.-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in K. Nagar P.S. Case No. 233 of 2018 registered for the offence punishable under Sections 364 and 34 of the Indian Penal Code.

Informant in his written complaint has stated that when she was coming with her Son-in-Law on motorcycle and reached near Canara Bank, K. Nagar, petitioner along with Durga Prasad Gupta indicated his Son-in-Law to stop the motorcyle and when he stopped the motorcycle all of a sudden three to four person riding on BOLERO vehicle came and kidnapped her Son-in-Law.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The

Patna High Court Cr.Misc. No.66374 of 2018(2) dt.20-11-2018 2/2 statement of the victim has been recorded under Section 164 of the Cr.P.C but he has not deposed against this petitioner. Victim came back next day. There is monetary dispute between the parties. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 04.10.2018 in Criminal Miscellaneous No. 58751 of 2018. Petitioner has got no criminal antecedent and is in custody since 29.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K. Nagar P.S. Case No. 233 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U