Bipin Kumar Das v. The State Of Bihar

Patna High Court Cr.Misc. No.52865 of 2015 (3) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52865 of 2015 Arising Out of PS.Case No. -219 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Bipin Kumar Das son of Harinandan Das resident of village - Jahanabad, P.S. - Lalganj, District - Vaishali..... .... Petitioner

Versus

1. The State of Bihar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Lalganj P.S. Case No. 219 of 2015 registered for the offences punishable under Sections 365, 366, 366A/34 of the Indian Penal Code. Anisha Kumari aged 15 years, the daughter of the informant, was kidnapped by the petitioner and other co-accused. During investigation the statement of victim girl has been recorded under Section 164 Cr.P.C. wherein she has not stated regarding her kidnapping and further she has stated that she went out of her own sweet will to visit Tajmahal and the petitioner has not committed any overt act rather he provided shelter to her. Submission is of false implication and that in view of the statement of the victim girl no offence as alleged is made out

Patna High Court Cr.Misc. No.52865 of 2015 (3) dt.13-01-2016 and as such the petitioner deserves sympathetic consideration to which the learned APP duly assisted by learned counsel for the informant opposes.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of 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, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 219 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T