Kanhay Singh @ Kanhaiya Singh @ Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34545 of 2020 Arising Out of PS. Case No.-547 Year-2018 Thana- AMARPUR District- Banka ====================================================== KANHAY SINGH @ KANHAIYA SINGH @ KRISHNA SINGH, Son of Awadhesh Kumar Singh Resident of Village - Molanachak, P.S.- Amarpur, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2020 Heard Dr. Manoj Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.

The petitioner seeks bail in connection with Amarpur P. S. Case No. 547 of 2018 dated 19.10.2018, instituted for offences under Sections 364 and 34 of the Indian Penal Code.

The victim is said to have been recovered who has made statement under Section 164 Cr.P.C. which is at variance with the statement made in the F.I.R. It appears from the F.I.R. that the victim was

Patna High Court CR. MISC. No.34545 of 2020(2) dt.22-12-2020 2/3 kidnapped at the instance of the petitioner.

However, later in the statement under Section 164 Cr.P.C., a different story appears to have been narrated.

Some of the accused persons of this case have been granted anticipatory bail.

The petitioner is in custody since 07.06.2020. It has further been submitted on behalf of the petitioner that the informant as well as the petitioner come from the same stock of family and because of some property dispute between them, the present case has been lodged.

Regard being had to the period of custody of the petitioner and taking into account that the victim has been recovered, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with

Patna High Court CR. MISC. No.34545 of 2020(2) dt.22-12-2020 3/3 Amarpur P. S. Case No. 547 of 2018.

The petition stands allowed.

(Ashutosh Kumar, J) skm/- U T