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Patna High CourtCR. MISC./33888/2017bail granted

Roshan Kumar v. The State Of Bihar

2017-07-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33888 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Roshan Kumar Son of Gopal Poddar Resident of Village- Balha, P.S. - Bihpur (Bhawanipur), District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Sinha For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bihpur (Bhawanipur) P.S.Case No.67 of 2017, registered for offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor girl of the informant, however, submission of the learned counsel for the petitioner is that the girl in her statement made under Section1 64 Cr.P.C. has not supported the prosecution story and stated that she has gone on her own sweet-will and married with the petitioner. It is also submitted that the petitioner is in custody for about three months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.33888 of 2017 (3) dt.31-07-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Naugachia, DistrictBhagalpur, in connection with Bihpur (Bhawanipur) P.S.Case No.67 of 2017.

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 reason, otherwise, his bail bond shall be cancelled.

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