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Patna High CourtCR. MISC./33610/2020bail granted

Sani Kumar v. The State Of Bihar

2020-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33610 of 2020 Arising Out of PS. Case No.-103 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== SANI KUMAR S/o Guddu Thakur R/o Village-Unchidih, P.S.-Pipra, DistrictEast Champaran at present G.S.O. Late Gorakh Chaudhaur, Village-Pokharia Tola, P.S.-Chakia, District-East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363, 366(A) and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons abducted the daughter of the informant.

Patna High Court CR. MISC. No.33610 of 2020(2) dt.15-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.7.2020 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not named the petitioner. The main allegation has been alleged against the co-accused namely Prabhat Kumar who is alleged to have forcibly established physical relation with the victim.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chakia P.S. Case No. 103/2020. (Sudhir Singh, J) Pankaj/- U T