Indresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70043 of 2022 Arising Out of PS. Case No.-29 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== INDRESH KUMAR S/O RAMDEV SINGH Resident of villageSahdullahpur, P.S.- Gangabridge, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bidupur P.S. Case No. 29 of 2019 registered for the offence under Sections 363, 365, 420, 406 and 120(B) of the Indian Penal Code. The informant alleged that her husband is traceless and she suspects that he might have been killed by the petitioner and the F.I.R. named accused persons.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated as because no occurrence as alleged in the F.I.R. ever took place. He further submits that the trial has begun and husband of the informant namely, Rajiv Ranjan Singh,

Patna High Court CR. MISC. No.70043 of 2022(4) dt.19-06-2023 2/3 who is victim, has appeared before the court on 27.03.2019 and gave his statement under Section 164 Cr.P.C. in which he has denied the allegation levelled against the petitioner. He further submits that no case of abduction is made out against the petitioner. The petitioner is rotting in judicial custody since 21.08.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one even though he has been allowed bail in both the cases.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 29 of 2019 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.70043 of 2022(4) dt.19-06-2023 3/3 And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T