Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23131 of 2020 Arising Out of PS. Case No.-31 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== Sonu Kumar Son of Bipin Paswan Resident of Village- Dariyapur, Railway Gumti No. 12, Ward No. 9, Panchayat- Goura, P.S.- Teghra, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Teghra P.S. Case No. 31 of 2019, registered for the offence under Section 366 of the Indian Penal Code.

As per the prosecution case, the petitioner is alleged to have kidnapped the daughter of the informant. It is submitted on behalf of petitioner that petitioner is innocent and he has falsely been implicated in this case due to village politics, since both parties reside in same locality. It is further submitted that the victim girl, in her statement recorded under Section 164 Cr.P.C., has not alleged any sexual assault or misbehaviour against this petitioner. As per injury report also of

Patna High Court CR. MISC. No.23131 of 2020(3) dt.02-11-2020 2/2 the victim girl (Annexure - 3), no evidence of sexual assault has been found. Chargesheet has already been submitted. The petitioner is in custody since 03-01-2020.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner 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 learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 31 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T