Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.484 of 2017 Arising Out of PS.Case No. -132 Year- 2015 Thana -BARURAJ District- MUZAFFARPUR ======================================================

1. Sonu S/o Reyaz Ahmad Resident of Village - Kanti, P.S. Kanti, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Baruraj Police Station Case No. 132 of 2015 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

The first information report goes to show that it was co-accused Murshid Alam and some unknown persons, who kidnapped the daughter of the informant. Subsequently, the victim and the aforesaid co-accused Murshid Alam were caught by the police, which is evident from perusal of the deposition of the victim recorded in Sessions Trial No.308 of 2016. It would also appear from the impugned order that after recovery, when the statement of the victim was recorded under section 164 of the Cr.P.C, she disclosed that petitioner and

Patna High Court Cr.Misc. No.484 of 2017 (2) dt.13-01-2017 2/2 co-accused Murshid Alam pushed her into vehicle and, thereafter, she was taken away by them but in course of trial, the victim retracted back from her statement and stated that the petitioner was not involved in the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Baruraj Police Station Case No. 132 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T