Bhim Kamti @ Bhima Kamti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43264 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================
1. Bhim Kamti @ Bhima Kamti, S/o Bahadur Kamti, Resident of VillageTola Kam Sair Bhinda, Ghanshyampur, P.S.- Ghanshyampur, Dist.- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Ghanshyampur P.S. Case No. 39/17 registered for offences punishable under Sections 363, 366, 366-A/34 of the Indian Penal Code.
Allegation against the petitioner is of abduction of minor daughter of the informant.
It has been submitted on behalf of the petitioner is that it appears from the statement of the victim girl, recorded under Section 164 Cr.P.C., that she had gone with the petitioner out of her own sweet will and the petitioner is in judicial custody since 16.03.2017. Heard learned A.P.P. also.
Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of
Patna High Court Cr.Misc. No.43264 of 2017 (3) dt.09-10-2017 2/2 confessional statement of co-accused and except that there is nothing against the petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Benipur (Darbhanga) in connection with Ghanshyampur P.S. Case No. 39 of 2017 subject to the 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 cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Vinod Kumar Sinha, J) sushma/- U T