Rahul Kumar Sonkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15052 of 2017 Arising Out of PS.Case No. -1172 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== RAHUL KUMAR SONKAR .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amaresh Kumar Jha For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sasaram Nagar P.S. Case No. 1172 of 2016 instituted for the offence under Sections-366(A)/34 of the Indian Penal Code.

It is alleged that the petitioner along with other accused kidnapped the daughter of the informant. The statement of informant was recorded u/S 164 of the Cr.P.C. The certified copy of the statement recorded u/S 164 of the Cr.P.C. has been produced during hearing of the bail petition wherein she has not taken name of the petitioner. The learned Sessions Judge has also mentioned in the impugned order that the victim has not taken the name of the petitioner in her statement recorded u/S 164 of the Cr.P.C.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.15052 of 2017 (3) dt.15-05-2017 2/2 allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sasaram Nagar P.S. Case No. 1172 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Sasaram subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if 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. (Sanjay Priya, J) A.K.V.