Patna High CourtCR. MISC./714/2017bail granted

Kanhaiya Kumar @ Kanhaiya Mahto v. The State Of Bihar

2017-02-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.714 of 2017 Arising Out of PS.Case No. -151 Year- 2016 Thana -DHAMDAHA District- PURNIA ====================================================== Kanhaiya Kumar @ Kanhaiya Mahto, S/o Kailash Mahto, Resident of - Dhamdaha, P.S. Dhamdaha, Distt. Purnea .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumari Ritambhara For the Opposite Party/s : Mr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dhamdaha P.S. Case no. 151 of 2016, registered under Sections 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The victim in her statement recorded under Section 164 of Cr.P.C. only stated that the petitioner along with Vishal Sah, Manjesh Sah, Ranvir Mahto, Rupesh Sah etc. were present at her door near the Bolero, but she has not stated about overt act of the petitioner in her kidnapping. Further submission is that petitioner is co-villager of the informant and he has falsely been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his

Patna High Court Cr.Misc. No.714 of 2017 (3) dt.06-02-2017 2/2 arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Purnea, in connection with Dhamdaha P.S. Case No.151 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T