Laxuman Singh @ Laxman Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14025 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -BHORE District- GOPALGANJ ====================================================== Laxuman Singh @ Laxman Singh, Son of Late Ram Swaroop Singh, Resident of Village- Lamichaur, Police Station- Bhorey, DistrictGopalganj. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 Heard the parties.
This application has been filed in connection with Bhorey P.S.Case No.79 of 2016 for the offence under Sections 366(A)/34 of the Indian Penal Code.
Submission of the learned counsel of the petitioner is that he is named in the F.I.R. but it is alleged that he along with the other co-accused persons have forcibly taken the victim girl and the statement of the victim girl has been recorded under Section 164 Cr.P.C., wherein she has not named the petitioner. The petitioner is in custody since 08.11.2016 and he is having no criminal antecedent.
Heard learned A.P.P. also, who could not controvert the above fact.
Patna High Court Cr.Misc. No.14025 of 2017 (2) dt.28-03-2017 2/2 Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-VI, Gopalganj in connection with Bhorey P.S.Case No.79 of 2016.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U