Abhay Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24763 of 2015 Arising Out of PS.Case No. -218 Year- 2013 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Abhay Tiwari Son of Bhikhari Tiwari resident of village - Barhma Tola, P.S. Shikarganj, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2015 Heard both sides.

The petitioner seeks bail in a case under Section 366, 363 and other sections of the Indian Penal Code. The informant named the petitioner and others and alleged that they kidnapped his wife.

The statement of victim has been recorded under section 164 of the Cr. P.C. in which she disclosed that while she was going for treatment in Chakia hospital the petitioner and Rama Singh kidnapped her but from perusal of the statement of victim recorded under section 164 of the Cr. P. C., it appears that she lived with Rama Singh for a month but she did not raise any alarm. The victim is a 30 years old lady and even during the

Patna High Court Cr.Misc. No.24763 of 2015 (2) dt.17-07-2015 2/2 course of her kidnapping she did not raise any alarm. Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in Chakiya P.S. Case No. 218 of 2013. (Prabhat Kumar Jha, J) BKS/- U T