Kailash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62164 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -SIMRIBAZAR District- DARBHANGA ======================================================

1. Kailash Sharma son of Ram Babu Sharma resident of village - Banauli, Police Station - Simri, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 The petitioner seeks regular bail in connection with Simri P.S. Case No. 63 of 2017, registered for offences punishable under Sections 365, 366(A) and 120B/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor girl of the informant.

It has been submitted on behalf of the petitioner that except the allegation that petitioner forcibly taken away the daughter of the informant, there is no further allegation either of rape or of assault to the daughter of the informant and he also has come back within 24 hours of the occurrence. Further petitioner ha no criminal antecedent and has been in custody since 05.06.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of the fact that petitioner has no criminal antecedent and has been in custody since 05.06.2017, let the

Patna High Court Cr.Misc. No.62164 of 2017 (2) dt.11-01-2018 2/2 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, Darbhanga, in connection with Simri P.S. Case No. 63 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