Nankhu Singh @ Nankhoo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23943 of 2020 Arising Out of PS. Case No.-70 Year-2019 Thana- CHAUSA District- Madhepura ====================================================== NANKHU SINGH @ NANKHOO SINGH S/o Vudho Singh, Resident of Village- Laualagam, P.S.- Chousa, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2020 Heard Mr. Sanjay Kumar Singh , learned counsel for the petitioner and Mr. Umanath Mishra, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Chousa P.S. Case No. 70 of 2019 arising S.T. No. 182 of 2019 registered for the offence punishable under Section 363 / 366 (A) / 379 / 34 of the Indian Penal Code, 1860 and later on Section 302 / 201 of the I.P.C. was added.
The allegation against the petitioner as per the First Information Report lodged by the informant Bhola Mandal is that his daughter - Kundan Kumari, aged about 15 years along with informant's brother namely, Rajesh Mandal had gone near the farm house (Basa) of one Umesh Singh for cutting grass and
Patna High Court CR. MISC. No.23943 of 2020(2) dt.17-09-2020 2/3 around 2 O' Clock after cutting grass for loading it on cycle both came back at the said Basa as they had kept the cycle over there. It has further been alleged that rope and Kachiya (sickle) were left in the field itself and when the informant's brother along with his niece went in the field and returned back, they did not find the cycle over there and saw that the petitioner along with one Kranti Singh were having Sattu (gram flour ) near the hand pump. It has further been alleged that when the informant did not find his cycle, he went in search of the cycle with his brother and when he came back he did not find his daughter.
However, during the course of search in the maize field Kachiya (sickle), rope and Payal of the girl of the informant were found including the hairpin. The informant has alleged that he believes that the aforesaid persons including the petitioner have taken away his daughter as well as cycle. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as from perusal of the First Information Report it would be evident that the petitioner had left the place of occurrence before missing of the victim girl. Learned counsel further submits that the co-accused Kranti Singh has been granted bail by this court in Cr. Misc. No.
Patna High Court CR. MISC. No.23943 of 2020(2) dt.17-09-2020 3/3 petition). Learned counsel also submits that petitioner has got no criminal antecedent and he is in custody since 31.03.2019 . Having regard to the submissions made by the parties, taking into consideration the materials available on record and the fact that co-accused has been granted bail by this court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Session Judge , Madhepura / court concerned in connection with Chousa P.S. Case No. 70 of 2019 arising S.T. No. 182 of 2019.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U T