Kundan Singh @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32445 of 2017 Arising Out of PS.Case No. -368 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Kundan Singh @ Kundan Kumar, Son of Achal Singh, resident of VillageLakhnauri, P.S.- Deoriya, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Yugal Kishore, Advocate. For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Motipur P.S. Case No. 368 of 2016 instituted for the offence under Sections 385/387 of the Indian Penal Code.

It has been submitted that petitioner has clean antecedent. His name has been disclosed by co-accused Rahul Kumar in his confessional Statement. It has further been submitted that both the Mobile phones from which ransom is alleged to have been demanded, does not belong to the petitioner. It is mentioned in paragraphs 7 and 8 of the bail petition that both Mobile phones stand in the name of Rahul Kumar and Manoj Kumar which was informed by the police during investigation.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.32445 of 2017 (2) dt.14-07-2017 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Motipur P.S. Case No. 368 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) 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) S.