Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40703 of 2016 Arising Out of PS.Case No. -38 Year- 2015 Thana -AKBARPUR District- NAWADA ======================================================
1. Deepak Kumar Son of Kailash Rajvanshi Resident of Village - Dhanwara, P.S. - Akbarpur, District - Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Akbarpur P.S. Case No. 38 of 2015, disclosing offences under Sections 366A/34 of the Indian Penal Code.
Learned counsel for the petitioner has, at the very outset, taken me to the statement of the alleged victim girl recorded under Section 164 of the Code of Criminal Procedure and has submitted that entire allegation of kidnapping as made in the First Information Report stands falsified. Learned counsel for petitioner appears to be right in his submission.
Considering the above, this application is allowed. Let petitioner above-named in the event of his
arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Akbarpur P.S. Case No. 38 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/-c U