Abhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33945 of 2018 Arising Out of PS.Case No. -136 Year- 2017 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================

1. Abhiraj Kumar, Son of Shiv Kishore Paswan, resident of VillageManjhaul Tola Khoir, P.S. Cheriya Bariyarpur, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Cheriya Bariyarpur P.S.Case No.136 of 2017 , registered for offences punishable under Sections 363, 366(A), 504 and 323/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the informant along with the other accused persons. Submission of the learned counsel for the petitioner is that the main allegation is against one Sushant Kumar and as a matter of fact he has love affair with the girl and he has been named because his mobile was allegedly used for talk. Further submission of the learned counsel for the petitioner is that the mobile does not belong to the petitioner and he has been falsely implicated in this

Patna High Court Cr.Misc. No.33945 of 2018 (3) dt.10-08-2018 2/2 case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Manjhaul, Begusarai in connection with Chiriya Bariyarpur P.S.Case No.136 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T