Patna High CourtCR. MISC./16170/2016bail granted

Khedu Chaudhary v. The State Of Bihar

2016-04-21Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.16170 of 2016 (2) dt.21-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16170 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Khedu Chaudhary Son of Late Chandrika Chaudhary resident of VillageChand Saraiya, P.S.- Pipara Kothi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 21.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 366A/34 of the Indian Penal Code.

Petitioner is named in the first information report with allegation that he kidnapped the informant's minor daughter but submission on behalf of the petitioner is that informant's daughter returned to her home within two or three days and after that she started residing with the informant but even then her statement was recorded under section 161 of the Cr.P.C after three months of the alleged occurrence and moreover, I.O did not take pain to get the statement of victim recorded under section 164 of the Cr.P.C. Investigation against the petitioner has already been completed and even if the prosecution story assumed to be true, then also, it appears that there was love affair between the petitioner and

Patna High Court Cr.Misc. No.16170 of 2016 (2) dt.21-04-2016 the victim.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge Icum- Special Judge, Bettiah, West Champaran in Sessions Trial no. 446/2015 arising out of Majhaulia P.S. Case no. 74/2015. shahid (Hemant Kumar Srivastava,J) U T