Pramendra Singh @ Pramendra Ku. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22554 of 2018 Arising Out of PS.Case No. -86 Year- 2013 Thana -MAHARAJGANJ District- SIWAN ====================================================== Pramendra Singh @ Pramendra Kumar Singh, s/o late Binod Singh, r/o vill.- Renua, P.S.- Hussainganj, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Singh, adv. For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Maharajganj P.S. Case No. 86 of 2013 instituted for the offence under Sections 363, 364/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There are four accused persons named in the written report. The informant has alleged that his 12 years old son who is student of Class-VII was kidnapped from his Darwaza. When the informant inquired about him, he learnt that in kidnapping of his son, his nephew Vijay Singh has played main role and he suspected that his son has been killed by the accused persons. The Sessions Judge has mentioned in the impugned order that name of this petitioner has been disclosed in further statement of the informant during investigation.

Patna High Court Cr.Misc. No.22554 of 2018 (3) dt.16-05-2018 2/2 In this manner, mere suspicion has been raised against this petitioner in further statement of the informant. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with in Maharajganj P.S. Case No. 86 of 2013, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Siwan, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T