Bhim Singh @ Bhaim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39148 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. BHIM SINGH @ BHAIM SINGH S/o Shivpujan Singh, Resident of Village- Majhawalia, P.S.- Mahammadpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Mahammadpur P.S.Case No.35 of 2016, registered for offences punishable under Sections 366(A)/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the daughter of the informant.

Submission of the learned counsel for the petitioner is that the girl was major and there is no allegation except abduction against the petitioner and he is in custody for about five months. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the statement of the girl under Section 164 Cr.P.C. also supports the prosecution case. Having heard both sides and in view of the fact that

Patna High Court Cr.Misc. No.39148 of 2017 (3) dt.18-09-2017 2/2 except abduction of the daughter of the informant, who has been found to be 18-19 years of age, there is nothing against the petitioner, as such, 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.-I, Gopalganj in connection with Mahammadpur P.S.Case No.35 of 2016 dated 6.4.2016. 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T