Patna High CourtCR. MISC./54101/2015bail granted

Arvind Kumar Singh v. The State Of Bihar

2015-12-02Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54101 of 2015 Arising Out of PS.Case No. -509 Year- 2015 Thana -NAWADA District- NAWADA ======================================================

1. Arvind Kumar Singh Son of Late Raj Kishore Pd. Singh Resident of Village - Gonawan, P.S. - Nawada, District - Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Manish Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-12-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Initially, the first information report was lodged under Section 364/34 of the Indian Penal Code against the petitioner but after investigation, police submitted charge sheet for the offence punishable under Section 363/34 of the Indian Penal Code which is a bailable offence.

It is informed on behalf of the petitioner that up till now, cognizance has not been taken against the petitioner but even then the prayer for bail of the petitioner was not only rejected by the learned Magistrate but also by the learned Additional Sessions

Patna High Court Cr.Misc. No.54101 of 2015 (2) dt.02-12-2015 2/2 Judge-III, Nawada. It is further contended by him that moreover, in course of investigation, the statement of two witnesses were recorded under Section 164 of the Cr.P.C. in which both the above stated witnesses specifically stated that the victim himself fled from the hostel.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 509 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T