Shankar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.19248 of 2016 (5) dt.12-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19248 of 2016 Arising Out of PS.Case No. -126 Year- 2015 Thana -GHOGHARDIHA District- MADHUBANI ====================================================== Shankar Singh, son of Late Anup Lal Singh resident of Village- Saroja Bela, P.S.- Marouna, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat, Adv. For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Ghoghardiha P.S. Case No. 126 of 2015 (G.R. No. 1916 of 2015), disclosing offences under Sections 363, 366(A) and 120(B) of the Indian Penal Code. .

The petitioner is the father of one Praveen Kumar Singh, a co-accused. Allegedly the said Praveen Kumar forcibly made the victim woman.

It is alleged against the petitioner, in the statement made under Section 164 Cr.P.C that he had threatened the victim of dire consequence if she did not agree to marry. Learned counsel for the petitioner submitted that allegation of kidnapping made against the accused persons in the FIR is

Patna High Court Cr.Misc. No.19248 of 2016 (5) dt.12-08-2016 absurd and highly improbably. It is also submitted that the petitioner has been implicated against the father of the co-accused Praveen Kumar.

In view of the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, 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 Sub-Divisional Judicial Magistrate, Jhanjharpur, Dist.

Madhubani in connection with Ghoghardiha P.S. Case No. 126 of 2015 (G.R. No. 1916 of 2015) subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner, above named, shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Prakash/- U T