Kranti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21239 of 2018 Arising Out of PS.Case No. -59 Year- 2017 Thana -BHADAURA District- PATNA ====================================================== Kranti Kumar, Son of Late Rajo Mahto, Resident of Village Bhadaur, P.S. Bhadaur, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Kashyap, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.12.2017 in connection with Sessions Trial No. 708 of 2017 arising out of Bhadaur P.S. Case No. 59 of 2017 for the offences alleged under Sections 370/34 of the Indian Penal Code and Section 24 of the Juvenile Justice Act.

3. It is submitted that the petitioner has been falsely implicated as he had no role in the kidnapping of the three children who have since been recovered in Ganesh Dhaba from one Lalu Prasad Verma @ Laloo. Out of the three children, two of them have not whispered anything about the petitioner. There was only the third victim boy Gulshan Kumar has stated that the petitioner had called the Sadhu who had kidnapped him and such statement is wholly unreliable in absence of any details. It is stated that charge sheet has already been submitted after investigation by the police and hence there is no chance of tampering with the witnesses.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.21239 of 2018 (3) dt.26-04-2018 the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J. IIIrd, Barh, Patna, in connection with Sessions Trial No. 708 of 2017 arising out of Bhadaur P.S. Case No. 59 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/Chandran U T