Kamaljit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38433 of 2019 Arising Out of P.S. Case No.-233 Year-2018 Thana- KOTWA District- East Champaran ====================================================== KAMALJIT KUMAR (Male), aged about 19 years, Son of Ram Janam Sah Resident of Village-Dahaur Chhapara, Police Station-Sheohar, DistrictSheohar. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366 and 366(A)/34 of the Indian Penal Code.

Prosecution case as per FIR is that minor daughter of the informant was found missing from the house with cash of Rs.1.5 lac and he suspected hand of the petitioner. Learned counsel for the petitioner, with reference to Section 164 of the Cr.P.C. statement of the victim, submits that the allegation is against co-accused Jay Vikash Kumar and she has made no specific allegation against this petitioner. Petitioner is simply brother of co-accused Jay Vikash Kumar. Petitioner

Patna High Court CR. MISC. No.38433 of 2019(3) dt.14-08-2019 2/2 has got no criminal antecedent. It is further submitted that said co-accused Jay Vikash Kumar has already been granted anticipatory bail by a coordinate Bench of this Court in Cr.Misc.No.20365 of 2019 vide order dated 07.05.2019 and petitioner's case stands on better footing.

Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/successor Court in connection with Kotwa P.S.Case No.233 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T