Shishupal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18767 of 2015 Arising Out of PS.Case No. -116 Year- 2014 Thana -SARE District- NALANDA (BIHARSHARIFF) ====================================================== Shishupal Kumar. S/o Dashrath Pandit. Resident of village - Alinagar, P.S.- Sare, District - Nalanda.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar No.1 For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 17-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 363, 366A, 120B/34 of the Indian Penal Code and the fact that it was Dheeraj Kumar who had either forcibly or with consent of the victim girl Chanda Kumari taken her to Delhi in company of the petitioner, Gyanchand and two other girls, namely, Pratima Kumari and Sanju Kumari, this Court having considered the statement under section 164 Cr.P.C. of Chanda Kumari would find that the petitioner will be entitled for grant of privilege of anticipatory bail, specially when such privilege has already been given to Dheeraj Kumar by an order of this Court dated 2.4.2014 in Cr.Revision No. 195/2015.

That being so, if the petitioner, Shishupal Kumar, surrenders before the court below within a period of four weeks

Patna High Court Cr.Misc. No.18767 of 2015 (2) dt.17-06-2015 from today, he shall 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 the Chief Judicial Magistrate, Nalanda in Sare P.S.Case No. 116/2014, subject to the following conditions:

(i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that he is accused in any other criminal case, he shall not be granted bail and would be taken into custody. (ii) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(iii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two

Patna High Court Cr.Misc. No.18767 of 2015 (2) dt.17-06-2015 consecutive dates, his bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U