Patna High CourtCR. MISC./41989/2016bail granted

Rupesh Kumar v. The State Of Bihar

2016-09-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41989 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -BARHAT District- JAMUI =====================================

1. Rupesh Kumar, son of Kapildeo Mandal, resident of Village- Panpurwa, P.S.- Barhat, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Gulnar Begam ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Barhat P.S. Case No. 32 of 2016, disclosing offences under Section 366(A) of the Indian Penal Code. Learned counsel for the petitioner has submitted, referring to the statement made by the alleged victim, under Section 164 of the Code of Criminal Procedure, that allegation of kidnapping, as made in the First Information Report, stands falsified. It has also been submitted on behalf of the petitioner that if he is granted the privilege of anticipatory bail, there is no likelihood that he shall be fleeing away from the course of investigation or

Patna High Court Cr.Misc. No.41989 of 2016 (2) dt.30-09-2016 2/2 trial.

Learned Additional Public Prosecutor, appearing on behalf of the State of Bihar, has opposed the prayer for anticipatory bail.

Considering the background of registration of First Information Report and the allegations made therein, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jamui, in connection with Barhat P.S. Case No. 32 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/-c U T