Tinku Singh @ Tinku Kumar @ Ankit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54376 of 2017 Arising Out of PS.Case No. -36 Year- 2014 Thana -SHAMBHUGANJ District- BANKA ====================================================== Tinku Singh @ Tinku Kumar @ Ankit Kumar Singh, son of Diwakar Singh @ Bibhuti Diwakar, resident of village-Karshop, P.S.-Shambhuganj, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Shambhuganj P.S. Case No.36 of 2014 instituted for the offence under Section(s) 366-A/34 Indian Penal Code.

Counsel for the petitioner has submitted that he has been falsely implicated in this case. Victim girl in her statement under Section 164 Cr. P. C. has not leveled any allegation of overt act against this petitioner.

In the written report, the Informant has alleged that this petitioner along with other accused has got his minor daughter disappeared.

Statement of the victim girl recorded under Section 164 Cr. P. C. has been annexed as Anenxure-2, wherein, she has not levelled any allegation of specific overt act against this

Patna High Court Cr.Misc. No.54376 of 2017 (2) dt.10-11-2017 2/2 petitioner. In fact, she has not taken the name of the petitioner in her statement.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Shambhuganj P.S. Case No.36 of 2014, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Banka, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the 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) JA/- U T