Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49395 of 2015 Arising Out of PS.Case No. -371 Year- 2015 Thana -TURKAULIYA District- EASTCHAMPARAN (MOTIHARI) =====================================

1. Deepak Kumar, Son of Kameshwar Ram, resident of village - Singhiya Sagar, P.S. - Banjariya, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s: Mr. Yogendra Kumar (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of regular bail arises out of Turkauliya (Banjariya) P.S. Case No.371 of 2015, disclosing offences under Sections 363 and 366A of the Indian Penal Code.

The petitioner is in custody since 02.06.2015. The First Information Report was instituted seven days

Patna High Court Cr.Misc. No.49395 of 2015 (2) dt.26-11-2015 2/3 after the date of occurrence. Allegedly, the victim, a minor girl, is said to have been kidnapped by this petitioner and others for the purpose of marriage.

Learned counsel, appearing on behalf of the petitioner, referring to the First Information Report, submits that the victim and one Sandeep Kumar were in love and wanted to marry. It was because of this fact that the mother and aunt of said Sandeep Kumar have also been implicated in the present case. He further contends that the petitioner has been implicated in the present case for the sole purpose of mounting undue pressure by the informant's side, since petitioner is closely related to said Sandeep Kumar.

Considering the period of custody, delay of seven days in institution of the First Information Report and the nature of accusation against this petitioner, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees 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 Turkauliya (Banjariya) P.S. Case No.371 of 2015.

This is subject to the condition that the

Patna High Court Cr.Misc. No.49395 of 2015 (2) dt.26-11-2015 3/3 petitioner shall present himself before the police/Court, as the case may be, as and when required, and in the event of failure on his part to appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T