Sunil Kumar @ Hiraman vs The State Of Bihar on 5 October, 2016

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Patna High Court - Orders

Sunil Kumar @ Hiraman vs The State Of Bihar on 5 October, 2016

Bench: Sharan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA

                                 Criminal Miscellaneous No.42266 of 2016
                            Arising Out of PS.Case No. -216 Year- 2012 Thana -KOTWA District-
                                            EASTCHAMPARAN(MOTIHARI)
                 ======================================================
                 1. Sunil Kumar @ Hiraman son of Bhanu Raut Resident of Mohalla- New
                 Chandmari, Police Station- Motihari Town, District- East Champaran
                                                                        .... .... Petitioner/s
                                                  Versus
                 1. The State of Bihar
                                                                   .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :   Mr. Sanjay Kumar No.-7
                 For the Opposite Party/s    : Ms. Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
                 SHARAN SINGH
                 ORAL ORDER


2   05-10-2016

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kotwa Police Station Case No. 216 of 2012, disclosing offences under Sections 363/366A/120B/34 of the Indian Penal Code.

Learned Counsel for the petitioner has straightaway taken me to the statement of the alleged victim, recorded under Section 164 of the Code of Criminal Procedure, 1973, to contend that allegation of kidnapping stands completely falsified inasmuch as the victim herself has said that she was in love with the petitioner.

Considering the above submission, this application is allowed.

Patna High Court Cr.Misc. No.42266 of 2016 (2) dt.05-10-2016

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Let the petitioner, Sunil Kumar @ Hiraman, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kotwa Police Station Case No. 216 of 2012, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.




                                                             (Chakradhari Sharan Singh, J.)

Prabhakar Anand/-c


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Patna High Court - Orders