Roushan Kumar @ Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44793 of 2017 Arising Out of PS.Case No. -208 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Roushan Kumar @ Roshan Kumar Son of Ramjatan Kewat, Resident of Village-Kukhariya, Police Station-Chandi, District-Nalanda at Biharsharif .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Chandi P.S.Case No.208 of 2017 corresponding to GR No.1388 of 2017, registered for offences punishable under Section 366A of the Indian Penal Code.

Allegation against the petitioner s of kidnapping the niece (bhagini) of the informant.

Submission of the learned counsel for the petitioner is that her statement has been recorded under Section 164 Cr.P.C., in which she has not supported the prosecution case rather she has stated that she had married with the petitioner and want to live him.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44793 of 2017 (3) dt.16-10-2017 2/2 Having heard both sides and in view of the fact that the statement of the girl has not has not supported the prosecution case, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Camp Court Hilsa, Nalanda in connection with Chandi P.S.Case no.208 of 2017 dated 26.6.2017 corresponding to GR No.1388 of 2017. With following conditions :

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

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

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

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T