Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40853 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Deepak Kumar, Son of Sri Dasharath Singh, Resident of Village and PostGaini, P.S.- Khudwan, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Daudnagar P.S. Case No.41 of 2017, registered for offences punishable under Sections 366/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the daughter of the informant along with other co-accused persons and he is named in the F.I.R.

Submission of learned counsel for the petitioner is that the statement under Section 164 Cr.P.C. itself shows that it is a false and concocted case and even there is nothing alleged about the commission of rape. The allegation of theft of mobile and ornaments, which has been snatched from the daughter of the informant, has already been returned as per the statement. Further submission is that the petitioner is in custody for three months.

Patna High Court Cr.Misc. No.40853 of 2017 (2) dt.06-09-2017 2 /2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar in connection with Daudnagar P.S. Case No.41 of 2017, with following conditions:

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J.) S.Kumar/- U T