Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53353 of 2022 Arising Out of PS. Case No.-26 Year-2017 Thana- GOVINDPUR District- Nawada ====================================================== Sanjay Kumar, S/o Bhagirath Prasad @ Bhagirath Mahto, Resident of Village- Roh, P.S.- Roh, District- Nawadah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-12-2022 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Govindpur P.S. Case No.26 of 2017 registered for the offence punishable under Sections 341, 323, 448, 366, 380, 504 of the Indian Penal Code.

Informant has alleged that his married daughter, aged about 22 years old, has been kidnapped by the instant petitioner. The petitioner's counsel submits that the petitioner's implication is on extraneous considerations. The parties have filed a petition in the trial court placing on record the fact that the prosecution party does not wish to proceed with the case any

Patna High Court CR. MISC. No.53353 of 2022(2) dt.23-12-2022 2/3 further. He submits that such petition has been filed on realisation of the case being filed under misconception. Petitioner having no criminal antecedents, is in custody since 20.07.2022.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions and in the above noted fact and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Nawadah, in connection with Govindpur P.S. Case No.26 of 2017, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.53353 of 2022(2) dt.23-12-2022 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T