Awadh Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4542 of 2015 Arising Out of PS. Case No. -130 Year- 2011 Thana -JANDAHA District- VAISHALI (HAJIPUR) ====================================================== Awadh Kishore Singh, son of Sukh Ram Singh, resident of village / Mohalla - Mahua Pakari, P.S. Mahua, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard both sides.

The petitioner seeks regular bail in Jandaha P.S. Case No. 130 of 2011 registered under Sections 366A/34 of the Indian Penal Code.

Informant Birendra Rai named the petitioner along with Birchandra Singh, Raushan Kumar and Amod Singh and alleged that they all kidnapped his minor daughter Kajal Kumari. Learned counsel for the petitioner submits that the victim was recovered and she made her statement under Section 164 Cr.P.C. that Birchandra Singh and three others forcibly took her in a vehicle and they took her to different places but, on alarm, they dropped her at Gandhi Chawk. It is further submitted that Birchandra Singh has already been granted bail vide order dated 10.02.2012 passed in Cr. Misc. No. 4134/2012. The petitioner is in

Patna High Court Cr.Misc. No.4542 of 2015 (2) dt.03-02-2015 2/2 jail since 22.11.2014.

Learned A.P.P. has, however, opposed the prayer for bail.

On perusal of the records, it appears that the informant named four persons including the petitioner. The victim also made her statement on 09.08.2011 and she reiterated that all the four accused persons kidnapped her. It appears that co-accused Birchandra Singh has been enlarged on bail after remaining in jail for 11⁄2 months. The case of the petitioner stands on the same footing and the petitioner has remained in jail for about 21⁄2 months.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in Jandaha P.S. Case No. 130 of 2011. (Prabhat Kumar Jha, J) Dilip/- U T