Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2021 of 2019 Arising Out of PS. Case No.-442 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Dhiraj Kumar( Gender-Male) aged about 21 years s/o Paras Nath Singh Resident of Village- Gothaula, P.S.- Arrah Muffasil, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-03-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 366A of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the sister of the Informant along with other co-accused persons named in the FIR for the purpose of marriage. It has been submitted on behalf of petitioner that there was love affair between the victim girl and petitioner and both were well known to each other. Allegation of

Patna High Court CR. MISC. No.2021 of 2019(4) dt.29-03-2019 2/3 kidnapping and forcible abduction is false and concocted and she had gone with petitioner willingly. The Medical Board assessed the age of victim as 18-20 years. Petitioner has got no criminal antecedent and is in custody since 10.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Arrah Nawada P.S. Case No. 442 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.2021 of 2019(4) dt.29-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U