Arvind Kumar @ Sadhu Singh @ Shambhu Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51493 of 2018 Arising Out of PS.Case No. -565 Year- 2017 Thana -WAJIRGANJ District- GAYA ======================================================
1. Arvind Kumar @ Sadhu Singh @ Sambhu Singh, Son of Late Mundrika Singh.
2. Vikash Kumar, Son of Maksudan Singh, Both are resident of Village- Panchrukhi, Police Station- Atri, DistrictGaya. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-09-2018 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in Sessions Trial No. 68 of 2018/195 of 2018 arising out of Wazirganj P.S. Case No. 565 of 2017 instituted for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code.
Prayer for bail of the petitioner was earlier rejected by coordinate Bench of this Court vide order dated 27.03.2018 passed in Cr. Misc. 17355 of 2018.
Counsel for the petitioner submits that victim girl after recovery has given her statement under Section 164 Cr. P.C. wherein she has taken the name of this petitioner. Prayer for bail
Patna High Court Cr.Misc. No.51493 of 2018 (3) dt.27-09-2018 2/3 of the petitioner was earlier rejected on the aforesaid ground. Counsel for the petitioner further submits that now trial has begun. The informant has already been examined. Counsel for the petitioner further submits that co-accused Maksudan Singh @ Masudan Singh has been granted bail by a coordinate Bench of this Court vide order dated 10.05.2018 passed in Cr. Misc. 28109 of 2018.
Xerox copy of evidence of the informant recorded in Sessions Trial No. 68 of 2018 has been produced at the time of hearing of bail petition wherein the informant has stated that his daughter had gone to the house of her own uncle (brother of the informant) situated in Delhi. She has not been kidnapped. Petitioners are said to be in custody since 23.01.2018 and 30.12.2017 respectively.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IVth, Gaya, in connection with Sessions Trial No. 68 of 2018/195 of 2018 arising out of Wazirganj P.S. Case No. 565 of 2017, subject to the condition that both the bailors will
Patna High Court Cr.Misc. No.51493 of 2018 (3) dt.27-09-2018 3/3 be the close relatives of the petitioners.
The petitioners will cooperate in conclusion of the trial. They will remain present on each and every date of trial till disposal of the case. They will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. In the event of default of two consecutive dates, their bail bonds will be liable to be cancelled.
(Sanjay Priya, J) S.Ali/- U T