Manoj Kumar Singh @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3102 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -KARAKAT District- SASARAM (ROHTAS) ====================================================== Manoj Kumar Singh @ Manoj Kumar, S/o Bishwanath Singh, Resident of Village- Aahan, P.O.- Belwai, P.S.- Karakat, District- Rohtas (Sasaram). .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Choubey, Advocate For the Opposite Party No.2: Mr.Raghundan Kumar Singh, Adv. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 366A and 120B of the Indian Penal Code.
It is alleged in the written report that the petitioner kidnapped the wife of the informant Sunita Devi aged 25 years along with his three years old daughter Priti Kumari. It has been submitted that the victim is found to be major. The statement of the victim girl recorded under Section 164 Cr. P.C. has been annexed as Annexure-3.
From perusal of the statement, it appears that the
Patna High Court Cr.Misc. No.3102 of 2017 (2) dt.31-01-2017 2/2 victim girl has stated her age as 19 years whereas the court has assessed her age 22 years. She has stated that she had gone with the petitioner to different places. It is mentioned in the written report itself that earlier also Manoj Singh had given a mobile phone to the wife of the informant meaning thereby Manoj Singh was known to the wife of the informant. From the statement under Section 164 Cr. P.C. it does not appear that any force was applied by the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Karakat P.S. Case No. 163 of 2016, shall 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 Sub Divisional Judicial Magistrate, Bikramganj, Rohtas, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
(Sanjay Priya, J) S.Ali/- U T