Sunil Kumar Yadav @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29326 of 2018 Arising Out of PS.Case No. -86 Year- 2016 Thana -BABUBARHI District- MADHUBANI ======================================================
1. SUNIL KUMAR YADAV @ SUNIL KUMAR S/o Vishundeo Yadav, R/o Vill.- Bherihar Tola, P.S.- Jainagar, Distt.- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Babubarhi P.S.Case no.86 of 2016, G.R.No.074/16 , registered for offences punishable under Sections 266, 379, 34 of the Indian Penal Code.
Allegation against the petitioner acd another co-accused is of kidnapping the married daughter-in-law of the informant. Submission of the learned counsel for the petitioner is that her statement has been recorded under Section 164 Cr.P.C. and she has named this petitioner also as he is Sadhu of Santosh Yadav but she has not made any accusation against him and Santosh Yadav has been granted anticipatory bail by this Court, vide order dated 17.5.2018 passed in Cr. Misc. No.28238 of 2018
Patna High Court Cr.Misc. No.29326 of 2018 (3) dt.02-07-2018 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhubani in connection with Bahubarhi P.S.Case nO.86 of 2016 G.R.No.1074 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
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 co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T