Amit Chandravanshi @ Amit Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33470 of 2021 Arising Out of PS. Case No.-266 Year-2020 Thana- NAVINAGAR District- Aurangabad ====================================================== Amit Chandravanshi @ Amit Patel Son of Dharmendra Rai @ Dharmendra Kumar Ray Resident of Village- Badhari, P.S.- Runni Saidpur, DistrictSitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ayush Kumar For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
03-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Aurangabad Nabinagar P.S. Case No. 266 of 2020, registered for the offence under Section 363 / 366(A) / 34 of the Indian Penal Code. The prosecution case, in brief, is that this petitioner alongwith other FIR named accused persons are alleged to have kidnapped the daughter of the informant and brought at the house of petitioner in Delhi.
It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case and specific allegation of kidnapping is against other co-accused persons. The victim girl,
Patna High Court CR. MISC. No.33470 of 2021(2) dt.03-09-2021 2/3 in her statement recorded under Section 164 Cr.P.C., has not alleged anything against this petitioner, rather the victim girl has stated that other co-accused persons have threatened this petitioner so that they could stay at his home and petitioner, out of fear, allowed them to stay at his home. There is no allegation of any sexual assault or kidnapping against this petitioner. Petitioner has got clean antecedent and he is in custody since 20.12.2020. Chargesheet has already been submitted. Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - I, Aurangabad in connection with Nabinagar P.S. Case No. 266 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the
Patna High Court CR. MISC. No.33470 of 2021(2) dt.03-09-2021 3/3 prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T