Golu Singh @ Golu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24749 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== GOLU SINGH @ GOLU KUMAR SINGH Son of Vipin Singh Resident of Village - Bharatshila, P.S.- Shambhuganj, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Shambhugan P.S.Case no.69/18 dated 12.4.2018 , registered for offences punishable under Sections 366(A)/34 of the Indian Penal Code.

As per FIR lodged by the mother of the victim, it is stated that the victim was kidnapped by the accused persons and later on she was recovered and again she was kidnapped by the petitioner and other accused persons.

Submission of the learned counsel for the petitioner is that in the earlier FIR, statement of the victim has been recorded under Section 164 Cr.P.C., in which she has not named the petitioner and later on again the FIR has been lodged

Patna High Court CR. MISC. No.24749 of 2019(4) dt.08-07-2019 2/3 stating that after two days of her recovery she has again been kidnapped by the petitioner and other accused persons and the statement of the victim has been recorded, in which she has named the petitioner and others.

Further submission of the learned counsel for the petitioner is that in the first FIR, name of the petitioner has not been disclosed by the victim rather she has stated that she had gone on her own sweet will and in the second FIR she has named the petitioner and other accused persons. FIR has been lodged after 15 days of lodging of kidnapping and the statement of the girl has been recorded after eight days of the recovery.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Shambhuganj P.S.Case No.69 of 2018 dated

Patna High Court CR. MISC. No.24749 of 2019(4) dt.08-07-2019 3/3 12.4.2018, subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T