Patna High Court - Orders
Vinod Kumar @ Binod Kumar vs The State Of Bihar on 8 July, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26744 of 2019
Arising Out of PS. Case No.-87 Year-2016 Thana- MAHILA P.S. District- Muzaffarpur
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VINOD KUMAR @ BINOD KUMAR, Son of Late Dasrath Das, Permanent
Resident of Village-Bhachhiyar, P.S.-Jamui, District-Jamui, At present
Resident of Village-Mustafapur,Near Durga Temple, P.S.-Ahiyapur, District-
Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Manish Kumar No 13 with Mr. Rohit Kumar
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
For the Informant : M/S Alok Kumar Alok, Man Mohan Kumar,
Santosh Kumar
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
3 08-07-2019Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 87 of 2016 registered for the offences punishable under Sections 420, 471, 468, 354B, 354C and 354D/34 of the Indian Penal Code.
Prosecution case as per written application is that one co-accused Ashish Ranjan Tayagi @ Vijay Kumar, who happens to be the cousin of brother of informant Mukesh Kumar, used to come Durga Mandir and he started to have a talk. It is further stated that the informant got her name admitted in Polytechnic College, Delhi and started to grow intimacy and thereby informant met with him in a park and by playing fraud he took her photograph and also snapped her photograph together with Patna High Court CR. MISC. No.26744 of 2019(3) dt.08-07-2019 2/3 him. It is also stated that Binod, cousin brother of the accused, also used to come with him and when she made ptorest, she was put under fear by showing photographs and it is also stated that her thumb impression was taken on blank paper with a threat that the photographs will be put in WhatsApp and accused brought her to Gujarat forcibly and managed to join her in a company and anyhow she informed her father about the same and her father came and took her to residence.
Submission of learned counsel for the petitioner is that the FIR itself shows that the whole allegation is against Ashish Ranjan Tayagi and petitioner only shown as associate and even in her statement under Section 164 Cr.P.C. she has not named this petitioner and he is ready to co-operate in the investigation.
Heard learned APP and learned counsel for the informant.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-cum-Sub-Judge- Patna High Court CR. MISC. No.26744 of 2019(3) dt.08-07-2019 3/3 VII, Muzaffarpur, in connection with Mahila P.S. Case No. 87 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioner shall not tarnish the image of the girl, otherwise she is at liberty to move for cancellation of bail bonds of the petitioner.
(Vinod Kumar Sinha, J) spal/-
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