Amit Kumar Rai @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37744 of 2017 Arising Out of PS.Case No. -295 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Amit Kumar Rai @ Amit Kumar Son of Gopal Rai, R/o Village- Bans Ghat, P.S.- Chakia, District- East Champaran at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 The petitioner seeks regular bail in connection with Motihari Town P.S. Case No. 295 of 2017, registered for offences punishable under Sections 370/34 of the Indian Penal Code. Allegation against the petitioner is of purchasing the child of informant, who was kidnapped by other co-accused persons.

It has been submitted by learned counsel for the petitioner that he was not aware of the fact that the child was kidnapped and he had adopted the said child but after coming to know about the said fact, he handed over the child to the informant. It has also been submitted that other co-accused against whom the allegation of kidnapping was made has already been granted bail by this Court vide order dated 21.08.2017, passed in

Patna High Court Cr.Misc. No.37744 of 2017 (3) dt.04-09-2017 2/3 Criminal Misc. No. 37744 of 2017 and petitioner has been in judicial custody since 10.06.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of the fact that other co-accused has already been granted bail by this Court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 295 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.37744 of 2017 (3) dt.04-09-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T