Patna High CourtCR. MISC./10024/2017bail granted

Arun Kumar Singh v. The State Of Bihar

2017-03-07Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.10024 of 2017 (2) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10024 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Arun Kumar Singh Son of Lalan Singh, Resident of Village- Sikta Kala, P.S.- Jogapatti (Shaniochari), District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-03-2017 Heard both sides.

The petitioner seeks bail in Jogapatti (Shanichari) P.S. Case No. 35/2017, registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code. The informant alleged that his daughter went outside her house to ease out, but Arun Kumar Singh and others kidnapped his daughter with intention to marry with her.

Learned counsel for the petitioner submits that the victim made her statement under Section 164 Cr.P.C. and disclosed that she voluntarily left her house and went along with Arun Kumar Singh (petitioner). The petitioner did not kidnap her. The petitioner is in jail since 31.01.2017.

Patna High Court Cr.Misc. No.10024 of 2017 (2) dt.07-03-2017 On the other hand, learned counsel for the informant as well as learned A.P.P. opposed the prayer for bail and submitted that the police also found the case true against P.O.C.S.O. Act, but it appears from perusal of the F.I.R. that the informant is not eyewitness of the occurrence. The victim made her statement under Section 164 that she voluntarily went along with Arun Kumar Singh.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate - II, West Champaran at Bettiah in connection with Jogapatti (Shanichari ) P.S. Case No. 35/2017. (Prabhat Kumar Jha, J.) Vinita/- U T