Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1790 of 2017 Arising Out of PS.Case No. -195 Year- 2016 Thana -PARSABAZAR District- PATNA ======================================================

1. Santu Kumar, S/o Shiv Kumar (Mistry), resident of Mohalla- Rajendra Nagar Kankarbagh, Gate No.-15, P.O.- Lohiya Nagar, P.S.- Patrakar Nagar, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jharkhandi Upadhyay For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 363 and 366 (A) of the I.P.C Allegedly, the petitioner kidnapped the minor daughter of the informant and fled away. During investigation the statement of the victim girl has been recorded wherein she has stated that she was not kidnapped rather she went out of her own free will being annoyed with her mother and along with the petitioner she went at the house of her grand mother and from there her mother brought with the help of police. In the facts and circumstances as stated above,

Patna High Court Cr.Misc. No.1790 of 2017 (2) dt.19-01-2017 2/2 considering the statement of the victim girl recorded under section 164 of the Cr.P.C, the petitioner is directed to 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 A.C.J.M. Patna in Parsa Bazar P.S. Case No. 195 of 2016, 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) Abhay/- U T