Patna High CourtCR. MISC./40539/2017bail granted

Dharmesh Kumar v. The State Of Bihar

2017-08-25Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40539 of 2017 Arising Out of PS.Case No. -316 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dharmesh Kumar Son of Bhikhari Pandit, Resident of Village- Auraiya, P.S.- Banuchhapar O.P., District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 The petitioner seeks regular bail in connection with Bettiah Town (Kalibag O.P.) P.S. Case No. 316 of 2017, registered for offences punishable under Section 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor girl of the informant.

It has been submitted on behalf of the petitioner that after recovery of the girl, her statement under Section 164 Cr.P.C was recorded and she has not stated anything about the petitioner and, thereafter, she again fled away from her house and subsequently recovered and again her statement under Section 164 Cr.P.C. was recorded, in which she has stated that due to fear from her father she had fled away. Further petitioner has been in judicial custody

since 07.05.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts and also the statement of girl recorded under Section 164 Cr.P.C, 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 CJM, Bettiah, West Champaran, in connection with Bettiah Town (Kalibag O.P.) P.S. Case No. 316 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) sunil/- U T