Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26430 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Deepak Kumar Son of Late Ramesh Singh, Resident of VillageDharamchak, P.S. Dariyapur, District Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-07-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Chapra Muffasil P.S. Case No. 05 of 2017 for the offences punishable under sections 366 (A) and 34 of the I.P.C.

Allegedly, the petitioner with the aid and assistance of other co-accused kidnapped the daughter, aged 15 years, of the informant. During investigation the statement of the victim girl has been recorded under section 164 of the Cr.P.C. wherein she has not supported the allegation of kidnapping. Submission is of false implication and that no offence

Patna High Court Cr.Misc. No.26430 of 2017 (2) dt.07-07-2017 2/2 as alleged is made out against the petitioner, other co-accused have been allowed pre-arrest bail by the learned court below itself and as such the petitioner also deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioner by submitting that the victim girl due to fear has not stated correctly. She is minor and as such her statement is not reliable.

In the facts and circumstances as stated above, considering that the victim has not supported the allegation of kidnapping in her statement recorded under section 164 of the Cr.P.C. and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a 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 to the satisfaction of. C.J.M. Saran at Chapra in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T