Police Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46881 of 2018 Arising Out of PS.Case No. -487 Year- 2017 Thana -BARBIGHA District- SEKHPURA ====================================================== Police Kumar, son of Raj Kumar Manjhi, resident of Village- Pinjari, Police Station- Barbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Barbigha P.S. Case No.487 of 2017 instituted for the offence under Section 366A/34 Indian Penal Code.

In the written report, it is alleged that daughter of the informant had gone to school but did not return. The informant enquired in the village but could not get any trace. Then the informant met daughter of Raj Kumar Manjhi namely, Soni Kumari, who told that her husband and Munna Manjhi has taken her daughter.

Victim girl has given her statement under Section 164 Cr.P.C., wherein, she has stated that she has gone with this petitioner. She has not alleged any specific overt act against the

Patna High Court Cr.Misc. No.46881 of 2018 (2) dt.25-08-2018 2/2 petitioner in her statement recorded under Section 164 Cr.P.C. 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 Barbigha P.S. Case No.487 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 the Chief Judicial Magistrate, Sheikhpura, 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 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/- Rohit Kr.

U T