Avinash Patel @ Abinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10129 of 2017 Arising Out of PS.Case No. -363 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Avinash Patel @ Abinash Kumar, Son of Shailendra Mahto @ Shailendra Dhanuk, resident of Village- Itorra, P.S. Manpur, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 366A of the Indian Penal Code.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that allegation against him is that he was also involved in kidnapping the informant. So far as the main allegation is concerned, it is against co-accused Indrajit Patel, and he has already been granted bail by a Bench of this Court vide order dated 29.11.2016 passed in Cr. Misc. no. 50654 of 2016. The victim in her statement recorded under Section 164 of the Code of Criminal Procedure has not supported the prosecution case.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.10129 of 2017 (4) dt.28-03-2017 2/2 Having heard both sides, in view of the facts and circumstances of the case stated above, let above named petitioner, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twentyfive thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada, in connection with Nawada P.S. Case no. 363 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to the conditions that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the investigation and make himself available before the police as and when required.

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