Kishore Kumar @ Kishor Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28502 of 2020 Arising Out of PS. Case No.-121 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Kishore Kumar @ Kishor Kumar, Son of Naresh Tanti, Resident of Sanha (Paschim), Police Station- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neetu Jha, Advocate For the Opposite Party/s :

Smt. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the parties through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Section 366 (A)/34 of the Indian Penal Code.

As per the prosecution case, all the accused persons including this petitioner kidnapped the daughter of the informant.

It is submitted on behalf of the petitioner that the victim in her statement, under Section 164 Cr.P.C., has stated that she has voluntarily left her house and no allegation has been made against this petitioner. It is further submitted that the age of the victim has been assessed by the Court below as 16 years.

Patna High Court CR. MISC. No.28502 of 2020(3) dt.14-12-2020 2/2 Petitioner is in custody since 23.04.2020 and has got clean antecedent as stated in paragraph no.3 of the petition. However, learned A.P.P. for State has vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Begusarai in Sahebpur Kamal Police Station Case No. 121 of 2020, on the following conditions:-

(1) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her 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) Ankit/- U T