Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40480 of 2020 Arising Out of PS. Case No.-90 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== MUNNA KUMAR Son of Shankar Sah Resident of Village- Olipur Sarhachiya, P.S.- Mahindwara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Mahindwara P.S. Case No. 90 of 2019, registered for the offence punishable under Sections 363, 366A, 341, 323, 504, 379/34 of the Indian Penal Code. As per the prosecution case, minor daughter of informant was kidnapped by this petitioner with the help of his family members.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. The victim girl in her statement recorded under Section 164 Cr.P.C has not alleged any foul against this petitioner. The girl in her deposition

Patna High Court CR. MISC. No.40480 of 2020(5) dt.09-06-2021 2/2 has stated that she voluntarily left her house and went to Delhi to visit her Bua. Petitioner is in custody since 18.08.2020 having clean antecedent, as stated in para 3 of the petition Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Mahindwara P.S. Case No. 90 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T