Bikash Kumar Singh @ Nilesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78281 of 2018 Arising Out of PS. Case No.-88 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== Bikesh Kumar Singh @ Nilesh Kumar Singh Son of Bhuneshwar Prasad Singh, Resident of village Birnoudh, P.S. Goradih, District- Bhagalpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indeshwari Prasad Mandal For the Opposite Party/s :
Ms. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 As prayed, learned counsel for the petitioner is permitted to make necessary correction in the name of the petitioner in course of the day.
Heard learned counsel for the parties.
Petitioner seeks bail in Sabour Goradih P.S. Case No. 88/18 registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code.
Informant has alleged that his minor daughter while going to school was kidnapped by the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. In her statement under Section 164 Cr.P.C. the victim girl has alleged that she was forcibly taken by the petitioner at different locations but she has also stated that petitioner has neither
Patna High Court Cr.Misc. No.78281 of 2018(2) dt.17-01-2019 2/2 misbehaved nor committed any sexual offense with her. Petitioner has no criminal antecedent and he is in custody since 16.04.2018.
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 A.C.J.M. X, Bhagalpur in connection with Sabour Goradih P.S. Case No. 88/18, 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) Sanjay/- U T