Komal Kumar v. The State of Bihar
Case brief
What is this about?
Anticipatory/regular bail — Patna High Court — CRIMINAL MISCELLANEOUS No.8423 of 2024, decided 24-06-2024 — Komal Kumar v. The State of Bihar & Lakkhi Devi — arising out of Musrigharari P.S. Case No. 119 of 2023, District Samastipur — offences under Sections 363, 366-A, 34 IPC — kidnapping of minor girl — conflicting S.161 Cr.P.C. statement (rape/kidnapping by petitioner) versus S.164 Cr.P.C. statement (names no one) — medical report negative for recent sexual assault — custody since 20.08.2023 — no criminal antecedent — charge-sheet filed — bail allowed after framing of charge — bail bond Rs.10,000 with two like sureties, one bailor close family member — conditions incl. cancellation for witness tampering or two consecutive absences — Coram: Hon'ble Mr. Justice Rudra Prakash Mishra.
What did the court decide?
Bail granted: petitioner to be released after framing of charge (if not already framed) on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, subject to conditions — (i) one bailor to be own/close family member; (ii) cooperation in trial and physical presence on each date fixed by the court, with the bond liable to cancellation on failure on two consecutive dates without sufficient reasons; (iii) no tampering with evidence or intimidation/pressurization of witnesses, failing which the prosecution may move for cancellation of bail.