Abhay Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.46797 of 2017 (2) dt.11-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46797 of 2017 Arising Out of PS.Case No. -267 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Abhay Kumar, Son of Madan Chaudhary, Resident of Village- Sakra Bazid,

2. Tarun Kumar, Son of Prahlad Bhagat, Resident of Village- Sarmaspur, Both P.S. Sakra, District- Muzaffarpur.

.... .... Petitioners/s

Versus

1. The State of Bihar.

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

For the Petitioners/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 The petitioners seek regular bail in connection with Sakra P.S. Case No. 267 of 2017, registered for offences punishable under Sections 195, 363, 365, 420, 120B/34 of the Indian Penal Code.

Allegation against the petitioners that they conspired with one Juli Devi, and hatched a plan of lodging a false case of kidnapping the children of Juli Devi and Juli Devi has lopdged a case which is at annexure -2, however the children was recovered from the Sasural of petitioner no. 1.

It has been submitted on behalf of the petitioners that petitioners have falsely been implicated in this case and the boy in his statement recorded under Section 164 Cr.P.C. has stated that his mother - July Devi had told him to go with petitioners. Further they are in custody for last three months.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.46797 of 2017 (2) dt.11-10-2017 the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge -13-cum- ACJM, Muzaffarpur, in connection with Sakra P.S. Case No. 267 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T