Patna High CourtCR. MISC./47900/2016bail granted

Himanshu Sah v. The State Of Bihar

2016-12-07Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47900 of 2016 Arising Out of PS.Case No. -75 Year- 2016 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Himanshu Sah, Son of Ashok Sah, Resident of village Jafrabad, P.S Desri, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-12-2016 Heard Mr. Ajit Kumar Singh for the petitioner and the APP for the State.

Petitioner prays for anticipatory bail in Desri P.S. Case No. 75 of 2016 registered under sections 366(A), 365/34 of the Indian Penal Code.

16 years old daughter of the informant was found traceless. The informant lodged the case alleging that the petitioner had earlier teased her and his family members had also threatened the informant. The victim girl, on retrieval, made statement under Section 164 Cr.P.C. (Annexure-2) wherein the learned Magistrate has assessed her age as 19 years. Mr. Singh read out the entire statement of the victim and submits that she has not alleged any role to the petitioner inasmuch as she has not even stated about her kidnapping or abduction.

Patna High Court Cr.Misc. No.47900 of 2016 (2) dt.07-12-2016 2/2 Considering the above, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in Desri P.S. Case No. 75 of 2016 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T