Patna High CourtCR. MISC./45426/2015bail granted

Mithlesh Kumar @ Sudhir Kumar v. The State Of Bihar

2015-10-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45426 of 2015 Arising Out of PS.Case No. -158 Year- 2015 Thana -MALSALAMI District- PATNA ======================================================

1. Mithlesh Kumar @ Sudhir Kumar, Son of Subhash Prasad, Residence of Mohalla:- Purunderpur, P.S:- Jakkanpur, Distt- Patna, At Present residence of Mohalla:- Ram Krishna Nagar, P.S:- Ram Krishna Nagar, District:- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Tapeshwar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 343, 366(B) of the Indian Penal Code. The allegation against the petitioner and other coaccused is of kidnapping the minor niece( aged about 15 years) of the informant .

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.08.2015. There is no allegation of tampering with the evidence against the petitioner. From perusal of statement of the victim recorded under Section 164 Cr.P.C.which is Annexure 2 it would appear that the victim on her

Patna High Court Cr.Misc. No.45426 of 2015 (3) dt.16-10-2015 2/2 own will has left with co-accused Vikas Kumar Soni and has married her. There is no allegation made against the petitioner by the victim.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the facts aforesaid, let above named petitioner 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 learned A.C.J.M.,Patna City, Patna in Malsalami P.S.Case No. 158 of 2015.

(Sudhir Singh, J) singh/- U T