Jayvikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20365 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- KOTWA District- East Champaran ====================================================== JAYVIKASH KUMAR, Son of Ram Janam Sah, Resident of Village - Dahaur Chhapara, P.S.- Sheohar, District - Sheohar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Kotwa P.S. Case No. 233 of 2018 registered for the offences punishable under Sections 366, 366A and 34 of the Indian Penal Code.

Prosecution case as per FIR is that minor daughter of the informant was found missing from the house with cash of Rs.1.5 lac and he suspected hand of the petitioner. Submission of learned counsel for the petitioner is that the girl has been recovered and her statement has been recorded in which though she has stated that she was forcibly taken away but her statement is contrary to the statement made in the FIR in which she was found missing with Rs.1.5 lac and no allegation of any overt act has been made against the petitioner.

Patna High Court CR. MISC. No.20365 of 2019(2) dt.07-05-2019 2/2 Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Kotwa P.S.Case No. 233 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T