Patna High CourtCR. MISC./44847/2018bail granted

Binod Bhuiyan And ANR v. The State Of Bihar

2018-09-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44847 of 2018 Arising Out of PS.Case No. -32 Year- 2013 Thana -DUMARIA District- GAYA ======================================================

1. Binod Bhuiyan, S/o Barhan Bhuiyan,

2. Jhaksu Bhuiyan S/o Late Chandar Bhuiyan, Both R/o Vill. Hiara Rampur, P.S.- Dumaria, Distt.- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar, Adv. For the Opposite Party/s : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2018 The petitioners are in custody since 24.05.2018 and 02.06.2018 respectively in connection with Dumariya P.S. Case No. 32 of 2013, registered for offences punishable under Sections 366(A)/34 of the Indian Penal Code.

Allegation against the petitioners is of kidnapping the minor daughter of the informant.

Submission of learned counsel for the petitioners is that there is general and omnibus allegation against them, though they have named by the victim girl in her statement recorded under Section 164 Cr.P.C., but no specific overt act has been attributed against them.

Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances, the period of custody and also that the petitioners

Patna High Court Cr.Misc. No.44847 of 2018 (3) dt.06-09-2018 2/2 has no criminal antecedent, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, District Gaya, in connection with Dumariya P.S. Case No. 32 of 2013, with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their 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 their bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T