Jhunna Singh @ Nikesh Kumar Singh @ Jhunna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57563 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== Jhunna Singh @ Nikesh Kumar Singh @ Jhunna S/o Sri Baldeo Singh, R/o Jhitkanhi, P.S.- Shyampur Bhatha, Distt.- Sheohar.. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar For the Opposite Party/s :

Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Shyampur Bhatha P. S. Case No. 55 of 2018 instituted for the offence under Section(s) 143,149, 363, 365 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that instant case is counter blast of Shyampur Bhatha P.S. case no. 54 of 2018 lodged by Saroj Singh on 20.6.2018 at 3.15 PM for kidnapping of his daughter, namely, Khushboo Kumari by 8 accused persons named in the FIR including Nand Kishore Singh and his full brother Amrendra Kumar Singh who is the informant of the present case.

In the instant case, it is alleged that brother of the informant, namely, Nand Kishore Singh has been kidnapped by

Patna High Court Cr.Misc. No.57563 of 2018(3) dt.30-10-2018 2/2 nine accused persons as named in the written report. The informant has not taken the name of this petitioner in the written report. The brother of the informant was recovered and on his recovery he has taken the name of this petitioner in his statement recorded U/s 164 Cr. P. C.

Learned counsel for the petitioner has submitted that in the case diary during further statement the brother of the informant has not taken name of this petitioner. The victim in his statement recorded U/s 161 Cr. P.C. before the police has not taken the name of this petitioner. But, the victim in his statement recorded U/s 164 Cr.P.C. has taken the name of this petitioner which is apparent improvement of his version. Petitioner is in custody since 23.6.2018.

Considering the aforesaid, let the petitioner, above named, 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 CJM, Sheohar, in connection with Shyampur Bhatha P. S. Case No. 55 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T