Jitu Kumar Singh @ Jitu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44553 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -SAHKUND District- BHAGALPUR ====================================================== Jitu Kumar Singh @ Jitu Singh, Son of Narad Singh, R/o VillageBhandarwan P.S.- Sajour , District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate For the opposite party No. 2: Dr. Manoj Kumar, Advocate. For the State : Mr. Satyavarat Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Shahkund (Sajour) P.S. Case No. 74 of 2017 instituted for the offence under Sections 363 and 366(A) of the Indian Penal Code. Learned counsel for the petitioner has submitted that there was love affair between the petitioner and the victim girl. The letters were also exchanged between them which would appear from the order of the learned Sessions Judge. It has further been submitted that occurrence is said to have taken place on 10.5.2017 and the victim girl has given her statement under Section 164 Cr. P.C. on 12.5.2017. In her statement, she has stated that petitioner took her on Motorcycle after covering her eyes and let her free at 3:30 p.m. on 12.5.2017 in the orchard. The girl has
Patna High Court Cr.Misc. No.44553 of 2017 (8) dt.08-01-2018 2/3 stated her age in her statement under Section 164 Cr. P.C. as 17 years and the court has assessed her age to be 18 years. As such, from the statement of victim girl under Section 164 Cr. P.C., it appears that mere vague allegation has been made against this petitioner of kidnapping her. Learned counsel for the informant has appeared and opposed the prayer for anticipatory bail.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Shahkund (Sajour) P.S. Case No. 74 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the
Patna High Court Cr.Misc. No.44553 of 2017 (8) dt.08-01-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T