Nandlal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34588 of 2018 Arising Out of PS.Case No. -201 Year- 2017 Thana -PAKRIDAYAL District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Nandlal Kumar son of Binda Bhagat, Resident of Village- Mathiya, P.S. Pakridayal, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2018 The petitioner is apprehending his arrest in connection with Pakaridayal P.S. Case No. 201/2017, registered for offences punishable under Sections 143, 448, 341, 323, 363, 504, 506 and 354(B) of the Indian Penal Code.

Allegation against the petitioner is that he along with other accused persons tried to kidnapp the informant on the point of knife but the villagers assembled and pacify the matter and second part of the case is that after 14 days petitioner and accused persons started abusing the informant and also assaulted her. Submission of learned counsel for the petitioner is that for the first part of the occurrence, no F.I.R. has been lodged and after six days, F.I.R. has been lodged for the second part of occurrence. It has further submitted that no specific allegation has

Patna High Court Cr.Misc. No.34588 of 2018 (3) dt.03-08-2018 2/3 been attributed against the petitioner and moreover the witnesses during the course of investigation has not supported the n allegation levelled by the informant and only stated that there were hot exchange of words between the parties.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Motihari, East Champaran in connection with Pakaridayal P.S. Case No. 201/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

Patna High Court Cr.Misc. No.34588 of 2018 (3) dt.03-08-2018 3/3 (ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T