Patna High CourtCR. MISC./68231/2019bail granted

Ashok Kumar Ray @ Ashok Kumar v. The State Of Bihar

2019-12-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68231 of 2019 Arising Out of PS. Case No.-294 Year-2019 Thana- PARSA District- Saran ====================================================== 1.

ASHOK KUMAR RAY @ ASHOK KUMAR Son of Shyamsundar Ray Resident of Village-Vedavaliya, Sonaha, P.S.-Parsa, District-Saran. 2.

Laloo Kumar @ Laltoo Kumar Son of Ramchandra Manjhi VillageParshurampur, P.S.-Parsa, District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Parsa P. S. Case No. 294 of 2019 instituted for the offence under Section(s) 363, 366(A)/34 Indian Penal Code.

The submissions of the petitioners' counsel is that statement of the victim girl recorded U/s 164 Cr. P.C. belies the entire prosecution story. The victim girl has submitted that she, on her own volition, had gone to her maternal uncle's house and has flatly denied the allegation of kidnapping. The age of the victim has also been assessed by the Medical Board to be 16-17 years.

Patna High Court CR. MISC. No.68231 of 2019(3) dt.13-12-2019 2/2 The petitioner is custody since 30.08.2019.

The learned APP for the State opposed the prayer for bail. Considering the aforesaid, 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 the Additional Chief Judicial Magistrate- II, Saran at Chapra, in connection with Parsa P. S. Case No. 294 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T