Sudish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32569 of 2020 Arising Out of PS. Case No.-293 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Sudish Kumar Son of Lakhindra Ray Resident of Village- Bangra Nizamat, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 363/366A/34 of the Indian Penal Code.

According to FIR, the informant suspects that his two minor granddaughters were kidnapped by the petitioner and co-accused Ranjan Kumar. On recovery, the victim stated before the Magistrate in their statement under Section 164 Cr.P.C. that co-accused Ranjan Kumar had come on the roof of the house of the victims when they were sleeping along

Patna High Court CR. MISC. No.32569 of 2020(4) dt.12-02-2021 2/3 with their mother and other family members and on the point of pistol Ranjan Kumar lifted both of them and took away on two different motorcycles. No other allegation is there. Submission is that it is highly unbelievable that family members of the victim were there and they were forcefully taken away and they did not make any alarm even though both were separately taken away on two different motorcycles. The petitioner is in custody since 12.06.2020. The petitioner has stated on oath that he has got no criminal antecedent. Investigation of the case is already complete. Since the victim has not levelled any allegation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sahebganj P.S. Case No.293 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.32569 of 2020(4) dt.12-02-2021 3/3 (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T