Patna High CourtCR. MISC./50618/2018bail granted

Abhijeet Kumar v. The State Of Bihar

2018-08-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50618 of 2018 Arising Out of PS.Case No. -246 Year- 2018 Thana -KOTWALI District- MUNGER ======================================================

1. Abhijeet Kumar son of Fagu Ram, resident of Village/ Muhalla- Kali Mandir (Poor House), 240- Gate, Police Station- Kotwali, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 Heard the parties.

The petitioner seeks pre-arrest bail in Kotwali (Vasdevpur) P.S.Case No.246 of 2018 registered for the offence under Section 364/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the daughter of the informant.

Submission of the learned counsel for the petitioner is that the statement of the girl has been recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case rather she has stated that she had gone with the petitioner on her sweet will and she performed marriage with the petitioner. He has got no criminal antecedent.

Patna High Court Cr.Misc. No.50618 of 2018 (2) dt.31-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger, in Kotwali (Vasdevpur) P.S.Case No.246 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioner will not induce any witness or tamper with the evidence and the petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) AnilKrSinha/- U