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Patna High CourtCR. MISC./49335/2018bail granted

Sujit Singh And ORS v. The State Of Bihar

2018-08-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49335 of 2018 Arising Out of PS.Case No. -10 Year- 2017 Thana -TANDWA District- AURANGABAD ======================================================

1. Sujit Singh Son of Sri Ramjee Singh

2. Ramjee Singh Son of Sri Dwarika Singh

3. Kanti Devi Wife of Sri Ramjee Singh All are resident of Village Dharam Khap, P.S. Tandawa District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Tandawa P.S.Case No.10 of 2017 , registered for offences punishable under Sections 366(a), 506/34 of the Indian Penal Code.

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

Submission of the learned counsel for the petitioners is that statement of the girl has been recorded under Section 164 of the Cr.P.C., which is annexure-2 in which she has stated her aged as 19 years and she has further stated that she is living with Ajit Kumar Singh. She has also not named this petitioners. The

Patna High Court Cr.Misc. No.49335 of 2018 (2) dt.28-08-2018 2/2 petitioners happen to be brother, father and mother of Ajit Kumar Singh.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Tandwa P.S.Case No.10 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T