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Patna High CourtCR. MISC./53234/2017bail granted

Aman Kumar v. The State Of Bihar

2017-11-16Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53234 of 2017 Arising Out of PS.Case No. -206 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Aman Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in Lalganj P.S.Case No.206 of 2016 for the offences under Sections 363, 365, 366(A)/34 of the I.P.C.

It is alleged in the written report that when the daughter of the informant had gone to attend the call of nature this petitioner along with Bittu Kumar and Lakho Devi had kidnapped her.

Learned counsel for the petitioner has submitted that the victim girl on recovery gave statement under Section 164 Cr.P.C. wherein she leveled general allegation against this petitioner that Aman Kumar who is her neighbor along with Bittu Kumar and Lakho Devi took her away and kept her in a room. When she went

Patna High Court Cr.Misc. No.53234 of 2017 (3) dt.16-11-2017 2/3 out of the house she knew the name of accused Bittu Kumar talking about committing illegal act. She identified other two coaccused persons. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur, in Lalganj P.S. Case No.206/16 subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) AnilKrSinha/- U

Patna High Court Cr.Misc. No.53234 of 2017 (3) dt.16-11-2017 3/3