Satendra Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.48337 of 2018 (3) dt.01-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48337 of 2018 Arising Out of PS.Case No. -291 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Satendra Kumar, Son of Rajendra Bind,

2. Nitish Kumar, Son of Somar Bind, Both resident of Village- Kare, Police Station- Sheikhpura, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2018 The petitioners seek bail in connection with Sheikhpura P.S. Case No. 291 of 2018, registered for offences punishable under Sections 366(A), 376 (D)/34 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioners is of kidnapping the minor daughter of the informant and committing rape on her. It has been submitted on behalf of the petitioners that they have falsely been implicated in this case and the statement of girl recorded under Section 164 Cr.P.C. clearly shows that there is no allegation of over act against the petitioners rather it is the petitioners, who came and set the girl free. Further petitioners have been in judicial custody since 10.05.2018. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48337 of 2018 (3) dt.01-10-2018 Considering the aforementioned facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Sheikhpura, in connection with Sheikhpura P.S. Case No. 291 of 2018, with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T