Patna High CourtCR. MISC./73268/2018bail granted

Sunil Pal v. The State Of Bihar

2019-01-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73268 of 2018 Arising Out of PS. Case No.-172 Year-2018 Thana- BHAGWANPUR District- Bhabhua (Kaimur) ====================================================== Sunil Pal Son of Chhedi Pal Resident of Village-Taraon,P.S. Belaon,Distt.- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 19.09.2018 in connection with Bhagwanpur (Belaon) P.S. Case No.172 of 2018 registered for the offences punishable under Section 366(A) of the Indian Penal Code.

Prosecution case as per the FIR is that the informant's daughter, Punam Kumari, aged about 16 years went outside but she did not return home. Thereafter the informant tried to locate her daughter in the night and she came to know that the petitioner Sunil Pal and co-accused one Ajay Bind have kidnapped her.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.73268 of 2018(3) dt.23-01-2019 2/2 that the alleged occurrence took place on 18.09.2018 and the petitioner submitted written report on 19.08.2018. It is furhter submitted that in the statement under Section 164 of the Cr.P.C., the victim has got her age recorded as 16 years and she has further stated that she went in the company of the petitioner to Sasaram where she stayed for a night. Hence, according to statement of the victim under Section 164 Cr.P.C., she was not kidnapped by the petitioner and the co-accused Ajay Pal. Learned APP after going through the case diary submits that the victim went in the company of the petitioner. Considering the nature of accusation not being substantially corroborated with statement under Section 164 Cr.P.C.

, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of A.C.J.M.-5, Kaimur at Bhabua in connection with Bhagwanpur (Belaon) P.S. Case No.172 of 2018.