Akash Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29065 of 2019 Arising Out of PS. Case No.-329 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== AKASH TIWARI S/O Manoj Tiwari Resident of Village Rupan Chhap, P.S. Barauli District Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2019 Heard both sides.

The petitioner apprehends his arrest in Basantpur P.S. case No. 329 of 2018 registered under Section 366A/34 of the IPC.

The informant, father of the victim, alleged that his minor daughter had gone in the field to ease out but Akash Tiwari, the petitioner, at the instance of Ajay Dubey, kidnapped her. When the informant went to enquire from Manoj Tiwary and Mamta Devi they abused the informant and threatened to kill.

The learned counsel for the petitioner submits that the victim was recovered and she made her statement u/s 164 of the Cr. P. C. She disclosed that Ajay Dubey kidnapped her and took her to village Rupan Chhap in the house of Manta Devi. Both of

Patna High Court CR. MISC. No.29065 of 2019(2) dt.02-05-2019 2/2 them concealed her in the house but some how she fled away from the back door of the house and came to P.S. She further disclosed that petitioner and Manoj Tiwari had no role in her kidnapping.

Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that victim herself denied the factum of her kidnapping by the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. case No. 329 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T