Anil Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72687 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- KHAIRA District- Saran ====================================================== Anil Kumar Rai Son of Jawahir Rai, resident of Village- Bari Dhobwal P.S. Khaira District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in S. Tr. No. 645 of 2018 arising out of Khaira P.S. Case No. 80 of 2018 registered for the offence punishable under Sections 363 of the Indian Penal Code and later on sections 366A, 120B/34 of the IPC was added. Allegation against the petitioner is of kidnapping the sister of the Informant though he is not named in the FIR. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. The girl has not levelled any allegation against the petitioner in her statement recorded under Section 164 of the Cr.P.C. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated

Patna High Court Cr.Misc. No.72687 of 2018(2) dt.07-12-2018 2/2 26.11.2018 in Criminal Miscellaneous No. 61446 of 2018. Petitioner has got no criminal antecedent and is in custody since 04.07.2018.

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 Additional Sessions Judge-8th, Saran at Chapra, in connection with S. Tr. No. 645 of 2018 arising out of Khaira P.S. Case No. 80 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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