Patna High CourtCR. MISC./1159/2020bail granted

Mithlesh Das v. The State Of Bihar

2020-01-18Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1159 of 2020 Arising Out of PS. Case No.-417 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== MITHLESH DAS Son of Late Lakhan Das @ Late Lakhan Ram Resident of Village - Baisi, P.S.- Naugachhia, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar, Adv.

For the Opposite Party/s :

Mr.Ahmad Ali,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Parbatta P. S. Case No. 417 of 2019, G.R. No. 3049 of 2019, instituted for the offence under Section(s) 363, 366A/34 of the Indian Penal Code. The petitioner is an accused of having kidnapped the informant's daughter. On such allegations, he has been taken into custody on 22.10.2019. The statements of alleged victim was recorded under Section 164 Cr.P.C. It is the statements of the alleged victim that, on her own volition, she had gone to Chennai and she has specifically stated that the instant petitioner is innocent and was not responsible in any manner It is also submitted that prior to the instant case there is no criminal antecedents of the petitioner.

Patna High Court CR. MISC. No.1159 of 2020(2) dt.18-01-2020 2/2 The learned APP for the State opposed the prayer for bail. Considering the aforesaid submissions and the fact that victim has belied the allegation, this Court is inclined to grant bail to petitioner.

Considering the aforesaid, let the petitioner, above named, 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 the ACJM 1st Khagaria, in connection with Parbatta P. S. Case No. 417 of 2019, G.R. No. 3049 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T