Puspant Kumar Singh @ Bholu Singh @ Puspant Kumar @ Puspak Kumar @ Golu @ Puspak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41869 of 2017 Arising Out of PS.Case No. -715 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== Puspant Kumar Singh @ Bholu Singh @ Puspant Kumar @ Puspak Kumar @ Golu @ Puspak, Son of Sri Niwas Singh @ Sri Niwas, R/o VillageSaubhagya Path Baily Road, Rukanpur, P.S.- Rupaspur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate. For the Opposite Party/s : Mr. Ashok Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kankarbagh P.S. Case No. 715 of 2016 instituted for the offence under Sections 365 and 363 of the Indian Penal Code. It is alleged in the written report that the informant had gone to his native place and he tried to contact his wife Saloni Singh but the phone was switched off. He returned to Patna and enquired about the matter and saw the footage of CC TV Camera recording. The informant learnt from the face book of his wife that she has developed some intimacy with this petitioner. He suspects that this petitioner along with Anupama Singh has kidnapped his wife.
The statement of wife of the informant has been
Patna High Court Cr.Misc. No.41869 of 2017 (2) dt.12-09-2017 2/3 recorded under Section 164 Cr. P.C. wherein she has stated her age to be 23 years. From her statement recorded under Section 164 Cr. P.C. it appears that she had gone with this petitioner voluntarily. The statement of two daughters of the informant have also been recorded under Section 164 Cr. P.C. from which it appears that no any specific overt act has been alleged against this petitioner.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kankarbagh P.S. Case No. 715 of 2016, he 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 Madhvi Singh learned Judicial Magistrate, 1st Class, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or
Patna High Court Cr.Misc. No.41869 of 2017 (2) dt.12-09-2017 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T