Sumit Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.34601 of 2017 (3) dt.21-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34601 of 2017 Arising Out of PS.Case No. -295 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sumit Kumar Son of Binod Kumar Verma @ Pramod Kumar Verma, R/o Mohalla- Agarwa, P.S.- Motihari Town, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 The petitioner seeks regular bail in connection with Motihari Town P.S. Case No. 295 of 2017, registered for offences punishable under Sections 370/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping his own son and selling him to some other person.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and in fact whole drama has been enacted just to implicate the petitioner in this case, who happens to be husband of the informant and father of the son. Further the boy was recovered at the instance of one urmilla devi from one Amit Kumar and the said Urmilla Devi has already been granted bail by this Court vide order dated 08.08.2017, passed in Criminal Miscellaneous No. 32646 of 2017 and petitioner has been in judicial custody since29.04.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.34601 of 2017 (3) dt.21-08-2017 Having heard both sides, in view of the above facts, let the petitioner 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 CJM, Motihar, East Champaran, in connection with Motihari Town P.S. Case No. 295 of 2017, subject to the 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 cooperate 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.

(Vinod Kumar Sinha, J) sunil/- U T