Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40394 of 2017 Arising Out of PS.Case No. -212 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Shyam Kumar, S/o Baleshwar Yadav, R/o Village- Khagaru (Hakimganj), P.S. and District- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shaukat Alam For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Lakhisarai P.S. Case No. 212 of 2017 instituted for the offence under Sections-353, 506 of the Indian Penal Code.

It has been submitted that there is allegation against this petitioner that he helped in kidnapping the daughter of the informant. The victim girl on her recovery, has given statement u/S 164 Cr.P.C. in which, she has levelled general and omnibus allegation against the petitioner. It is alleged that the petitioner also sat on the Bolero car. The victim girl in her statement u/S 164 of the Cr.p.C. has stated that she had gone with Chhotu Kumar and she lived with him for eight days. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.40394 of 2017 (2) dt.22-09-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Lakhisarai P.S. Case No. 212 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai subject to condition as laid down u/S 438(2) of the 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 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) A.K.V./- U T