Bipin Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25966 of 2017 Arising Out of PS.Case No. -172 Year- 2016 Thana -NABINAGAR District- AURANGABAD ====================================================== Bipin Ram S/o Bharat Ram R/o Village - Khaira, P.S. N.T.P.C. Khaira, District - Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 30.03.2017 in connection with Nabinagar P.S. Case No. 172 of 2016 registered for the offence punishable under Sections 325, 363 and 366(A) of the Indian Penal Code. The prosecution case, as lodged by the informant, is that about 8-10 persons came at 11:30 in the night on 22.10.2016 and assaulted the informant and his wife and took away his daughter Arti Kumari. The informant has named Sanjay Ram as one of the accused. It has been submitted by the learned counsel

Patna High Court Cr.Misc. No.25966 of 2017 (3) dt.28-07-2017 2/3 for the petitioner that he is innocent, not named in the First Information Report and bears no criminal antecedent. It has further been submitted that the victim girl also in her statement under Section 164 Cr.P.C. has not named him and as per the case diary, spies found that the petitioner works in NTPC and has a clean antecedent. It is further submitted that the victim girl has been recovered from the house of Sanjay Ram although she has alleged that the said accused Sanjay Ram along with petitioner had kidnapped her earlier, but she has not named the petitioner in the present occurrence. He further submits that the victim girl has been found to be major as per the medical report and that chargesheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court Cr.Misc. No.25966 of 2017 (3) dt.28-07-2017 3/3 Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 172 of 2016.

(Nilu Agrawal, J.) Arjun/- U T