Amit Kumar @ Amit Kr. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76155 of 2018 Arising Out of PS. Case No.-244 Year-2018 Thana- PIRO District- Bhojpur ====================================================== Amit Kumar @ Amit Kr., S/o Awadh Narayan Singh @ Haridwar Singh, R/o Vill-Laharabad, P.S. Piro, Distt.-Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harsh Singh For the Opposite Party/s :
Mr.Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner seeks bail in Piro P.S. Case No. 244 of 2018 registered for the offence punishable under Section 366(A) of the Indian Penal Code.
Allegation against the petitioner is of kidnapping the daughter of informant for the purpose of marriage. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. The girl has returned and in her statement recorded under section 164 of the Cr.P.C has stated that she had gone from her house on her own volition without informing her parents. Petitioner has got no criminal antecedent and is in custody since 03.08.2018.
Patna High Court Cr.Misc. No.76155 of 2018(2) dt.19-12-2018 2/2 Learned counsel for the Informant vehemently opposes the prayer for bail.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bhojpur, Ara in connection with Piro P.S. Case No. 244 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U