Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45363 of 2018 Arising Out of PS.Case No. -179 Year- 2018 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Sandeep Kumar S/o Ram Tahal Sah, R/o Vill.- Naraura, P.S.- Mohaniya, District- Kaimur (Babua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2018 The petitioner seeks regular bail in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 179 of 2018, registered for offences punishable under Sections 366(A)/34 of the Indian Penal Code and Section 4/6 of the POCSO Act. Allegation against the petitioner is of kidnapping the minor daughter of the informant.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and the statement of girl recorded under Section 164 clearly shows that she had gone with the petitioner out of her own sweet will and no force was issued and further the F.I.R. suggest that the girl is aged about 17 to 18 years. Further submission is that petitioner has no criminal antecedent and has been in judicial custody since 25.04.2018.

Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge -Icum- Special Judge POCSO Act, Lakhisarai, in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 179 of 2018, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

prosecution is free to move for cancellation of his bail (Vinod Kumar Sinha, J) sunil/- U T