Patna High CourtCR. MISC./53392/2016bail granted

Kaushal Kumar Arya v. The State Of Bihar

2016-12-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53392 of 2016 Arising Out of PS.Case No. -137 Year- 2016 Thana -FALKA District- KATIHAR ======================================================

1. Kaushal Kumar Arya Son of Badanand Arya, Resident of VillageShabda, P.S.- Falka, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 363 and 366(A) of the Indian Penal Code.

Allegation is that co-accused Bikram Kumar Arya kidnapped the minor daughter of the informant for the purpose of marriage and in the said kidnapping his family members including the petitioner assisted him.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim girl has been examined under Section

Patna High Court Cr.Misc. No.53392 of 2016 (2) dt.20-12-2016 2/2 164 Cr.P.C. where she has not named the petitioner. The main allegation has been made against co-accused Bikram Kumar Arya. The other co-accused has been granted bail vide Annexure-3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Vth, Katihar in connection with Falka (Pothia) P.S. case No.137 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T