Patna High CourtCR. MISC./35165/2016bail granted

Manish Kumar v. The State Of Bihar

2016-10-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35165 of 2016 Arising Out of PS.Case No. -127 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Manish Kumar S/o Shri Gopal Prasad Rai resident of Village-Kothia Tola, Ramchandra, P.S.-muffasil, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363, 365, 366A/34, 372, 376, 406, 420, 467, 471, 120B of the I.P.C. as well as Sections 3, 4, 5, 6(a), 7/9 of the Immoral Traffic Act and Sections 6/7 of the Protection of Child against Sexual offence Act.

Allegation is that the two daughters of the informant has been kidnapped by co-accused Vikash Kumar for the purpose of outrage their modesty.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.5.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.35165 of 2016 (3) dt.20-10-2016 2/2 witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. There is no substantive evidence to suggest his implication in the present case. The other co-accused have been granted bail vide Cr.Misc.No.40409 of 2016 and Cr.Misc.No.31147 of 2016.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st, Samastipur in connection with Tajpur (Halai) P.S. case No.127 of 2016 (G.R. No.1063 of 2016).

(Sudhir Singh, J) Narendra/- U T