Patna High CourtCR. MISC./43277/2016bail granted

Bijendra Sahni @ Bijendra Kumar v. The State Of Bihar

2016-10-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43277 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Bijendra Sahni @ Bijendra Kumar S/o Upendra Sahni Resident of Village- Mahmadpur, P.S. Mahnar, District Vaishali at Hajipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bails arises out of Mahnar Police Station case No. 34 of 2016, disclosing offences under Section 366A of the Indian Penal Code.

Learned counsel for the petitioner has referred to the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure and contends that the case of the prosecution of kidnapping of the victim stands completely demolished. I find substance in the submission so advanced after going through the said statement of the victim recorded under Section 164 of the Code of Criminal Procedure. This application is, accordingly, allowed. Let the 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 Additional Chief Judicial Magistrate-6, Vaishali at Hajipur in Mahnar P.S. case No. 34 of 2016, 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