Manoj Singh @ Manoj Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.30512 of 2017 (3) dt.03-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30512 of 2017 Arising Out of PS.Case No. -263 Year- 2017 Thana -SITAMARHI District- SITAMARHI ======================================================

1. MANOJ SINGH @ MANOJ KUMAR SINGH son of Yogendra Singh resident of village Kusmari, Police Station Riga, District Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Sitamarhi P.S. Case No. 263 of 2017 instituted for the offence under Sections-363, 366A of the Indian Penal Code.

It has been submitted that the petitioner is Mama of the coaccused Sushil Kumar. As per written report, the daughter of the informant has been kidnapped by Sushil Kumar and other accused persons including the petitioner.

C.D. has been received.

Learned APP has submitted that co-accused Sushil was arrested by the police and gave his confessional statement, which finds place at para-51 of the case diary wherein he has stated that his brother Gyan Prakash has performed marriage with the victim girl. Learned APP referring para-94 of the case diary has submitted that the police

Patna High Court Cr.Misc. No.30512 of 2017 (3) dt.03-08-2017 has gone to Chandigarh and it was learnt that the victim girl has performed court marriage voluntarily with Gyan Prakash. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Sitamarhi P.S. Case No. 263 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if 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. (Sanjay Priya, J) A.K.V.