Ashok Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.55850 of 2015 (3) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55850 of 2015 Arising Out of PS.Case No. -156 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ashok Ram, Son of Ramashray Ram, resident of Village- Barka Balua, P.S.- Patahi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Abhay Kr.Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Patahi P.S. Case No. 156 of 2015 registered for the offences punishable under Sections 366A, 120B and 34 of the Indian Penal Code. Allegedly, co-accused Arun Sahani kidnapped Rinki Kumari aged 15 years and against other co-accused Kanti Devi and Sanjay Sahani it is alleged that they have assisted Arun Sahani. The petitioner is not named in the FIR and during investigation it has come that with the help of this petitioner coaccused Arun Sahani kidnapped the victim girl. Submission is of false implication and that the victim girl has been recovered when she was living with co-accused Arun

Patna High Court Cr.Misc. No.55850 of 2015 (3) dt.09-02-2016 Sahani and her statement has been recorded under Section 164 Cr.P.C. but she has not stated anything against the petitioner and as such the petitioner who is suffering in custody since 11.10.2015 deserves sympathetic consideration.

Learned APP fairly submits that the victim in her statement recorded under Section 164 Cr.P.C. has not stated anything against the petitioner.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of 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, East Champaran at Motihari in connection with Patahi P.S. Case No. 156 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T