Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.278 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prakash Kumar son of Madan Ram Resident of Village-Bakhe Sah Chowk Chandwara, P.S.-Town Muzaffarpur, District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate For the Opposite Party/s : Mr. Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 363, 364, 364 (A) and 120B of the Indian Penal Code.

The allegation is of kidnapping the daughter of the informant by the petitioner for ransom.

It has been submitted on behalf of the petitioner that the name of the petitioner has come in the confessional statement of co-accused namely, Tabasum, as it appears from para-28 of the case diary and the victim girl was recovered from custody of coaccused namely, Tabasum, as stated in para-39 of the case diary and thereafter, the petitioner was also arrested and three mobiles were recovered from the possession of the petitioner, but none of the SIM numbers tally from the mobile number from which ransom has been demanded.

Patna High Court Cr.Misc. No.278 of 2017 (3) dt.15-02-2017 2/2 It has come in para- 40 of the case diary that three mobiles have been recovered from the possession of the petitioner and the petitioner is in custody since 30.03.2016.

From the impugned order it appears that charge has been framed in this case.

Considering the above facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Turkaulia P.S.Case No. 125 of 2016 to the satisfaction of learned 1st Additional Sessions Judge, Motihari, subject to conditions that both the bailors will be close relatives of the petitioner as also the petitioner is directed to remain physically present on each and every date till disposal of the case and the petitioner will give an undertaking that the petitioner will be well represented in the Court on each and every date and in case of absence on two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

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(Sanjay Priya, J) Sudha/- U T