Patna High CourtCR. MISC./56840/2018partly allowed disposal

Bipin Kumar And ANR v. The State Of Bihar

2018-10-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56840 of 2018 Arising Out of PS.Case No. -291 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Bipin Kumar, S/o Late Mohan Vind,

2. Dinesh Kumar @ Dinesh Vind, S/o Late Mohan Vind, Both are R/o vill.- Kare, P.O.- Kare, P.S.- Shekhpura, District- Shekhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Baljit Singh, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Sheikhpura P.S. Case No. 291 of 2018 instituted for the offence under Section(s) 366A and 376D/34 Indian Penal Code read with Section 4 of POCSO Act. It is alleged in the written report that when daughter of informant had gone to attend call of nature, these petitioners along with other F.I.R. named accused persons kidnapped her daughter.

The victim girl, on recovery, has given statement under Section 164 Cr.P.C., wherein she has levelled specific allegation against petitioner No. 1 of committing illegal act with her.

Patna High Court Cr.Misc. No.56840 of 2018 (3) dt.12-10-2018 2/2 In view of such, this Court is not inclined to grant bail to petitioner no. 1. Accordingly, prayer for bail of petitioner no. 1, namely, Bipin Kumar is rejected at this stage. So far as petitioner no. 2 is concerned, no allegation of specific overt act is levelled against him. In the facts and circumstances of the case, prayer of the petitioner No. 2 for grant of bail is allowed. Let the petitioner No. 2, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura P.S. Case No. 291 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner No. 2.

(Sanjay Priya, J.) Rakhi U T