Vishal Kumar @ Vishal Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16137 of 2017 Arising Out of PS.Case No. -280 Year- 2016 Thana -NANHPUR District- SITAMARHI ======================================================
1. Vishal Kumar @ Vishal Kumar Sah son of Biswanath Sah R/o Village - Ukhra, P.S. Nanpur, District - Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-05-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Nanpur P.S. Case No. 280 of 2016 instituted for the offence under Section(s) 363, 366A and 34 of the Indian Penal Code.
As per the allegation in the written report the daughter of the informant has gone to attend the call of nature along with villager Rangila Devi and Bibha Devi, and when she did not return, the informant made search and during search the villagers told him that two ladies alongwith Pawan Sahi, Vishal Kumar Sah, Shiv Kumar Sahi and Ram Kumar Sahi were seen talking with two ladies. Thereafter the informant talked with the accused persons who abused and threatened him of dire
Patna High Court Cr.Misc. No.16137 of 2017 (23) dt.10-05-2017 2/3 consequence, and the informant alleges that his sister has been enticed away by the accused persons. The victim has given her statement under Section 164 of the Cr.P.C, wherein, she has stated that she was taken on motorcycle and claimed to have identified this petitioner and another person namely Pawan Sahi. She has stated that they took her to Sitamarhi and wanted to take her to Delhi but she refused to go. In her statement she has stated that she is 16 years of age.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Nanpur P.S. Case No. 280 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi subject to the conditions as laid down under Section 438(2) 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
Patna High Court Cr.Misc. No.16137 of 2017 (23) dt.10-05-2017 3/3 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) Ranjan/- U