Subhash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 33265 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -MAJORGANJ District- SITAMARHI ====================================================== Subhash Kumar Singh, S/o Ram Tijarat Singh @ Tijarat Singh, resident of Vilage Kusmari, P.S. Riga District Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Uday Kumar, Advocate For the S t a t e : Mr Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 366A/34 of Indian Penal Code.

Petitioner submits that he has been implicated in this case falsely as he was in relation with the alleged victim. He says that the first information report has been lodged as an afterthought which is apparent from the fact that the same has been lodged three days after the occurrence. Subsequently, the victim girl has given her statement under Section 164 of Criminal Procedure Code wherein she has not made any allegation of any physical violence or any other such allegation against the instant petitioner. She has also given a clear statement that the other three co-

Patna High Court Cr.Misc. No.33265 of 2017 (2) dt.20-07-2017 2/2 accused persons, who have also been named in the FIR, have nothing to do with her kidnapping. Chargesheet has already been submitted in the case and it has been submitted by the counsel for the petitioner that prior to the instant case, the petitioner has no criminal antecedent and he is in custody since 25.03.2017. In the light of the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in Majorganj Police Station Case No 53 of 2017.

(Madhuresh Prasad, J) M.E.H./- U T