Toto Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44168 of 2018 Arising Out of PS.Case No. -32 Year- 2018 Thana -EAST COLONY District- MUNGER ======================================================

1. Toto Kumar S/o Vijay Sah @ Vijay Kumar , R/o Vill.- Harpur Bank, P.S.- Muffasil, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Sah For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2018 The petitioner is apprehending his arrest in connection with East Colony P.S. Case No. 32/18, registered for offences punishable under Sections 363, 366A of the Indian Penal Code and Section 4/6 of the POCSO Act.

Allegation against the petitioner is of kidnapping minor daughter of the informant.

It has been submitted on behalf of the petitioner that prosecution case stands falsified from the statement of the girl recorded under Section 164 Cr.P.C., in which, she has stated that she has gone with the co-accused Nipu Kumar out of her own sweet will and want to live with her.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date

Patna High Court Cr.Misc. No.44168 of 2018 (2) dt.27-07-2018 2/2 of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I, Munger, in connection with East Colony P.S. Case No. 32/18, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

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