Awadh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24481 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -MANER District- PATNA ====================================================== Awadh Kumar, Son of Late Radheshyam Singh, Resident of MohallaMainpura, Police Station- Danapur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Parmanand Kumar, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-07-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Maner P.S. Case No. 114 of 2017, disclosing offences under Sections 363 and 364 of the Indian Penal Code.

The victim is said to have returned on his own and has made statement recorded under Section 164 of the Code of Criminal Procedure (in short 'Cr.P.C.'). According to said statement, the victim was kidnapped by this petitioner and

Patna High Court Cr.Misc. No.24481 of 2017 (4) dt.24-07-2017 2/3 was taken to West Bengal wherefrom, he returned with the help of the Ticket Collector of the Railways. I have perused the statement of the victim, recorded under Section 164 Cr.P.C.

Learned counsel for the petitioner has submitted that the informant is the son-in-law of step mother of the petitioner and this false case has been lodged because of family dispute.

I find some substance in the submission so made on behalf of the petitioner.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Danapur (Patna), in connection with Maner P.S. Case No. 114 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the

Patna High Court Cr.Misc. No.24481 of 2017 (4) dt.24-07-2017 3/3 case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Praveen-II/- U T