Suraj Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4497 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- MADHAURAH District- Saran ====================================================== SURAJ RAUT AGED ABOUT 20 YEARS MALE S/O RAJ KUMAR RAUT @ RAJU RAUT RESIDENT OF VILLAGE- PAKAHAN, P.S.- MARHAURAH, DISTRICT- SARAN AT CHAPRA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jeetendra Narayan For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 363 and 366 of the Indian Penal Code.
Allegation against the petitioner is of kidnapping the married daughter of the Informant along with FIR named accused.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There
Patna High Court CR. MISC. No.4497 of 2019(3) dt.13-03-2019 2/3 is delay of about 29 days in lodging the FIR. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 20.09.2018 in Criminal Miscellaneous No. 57366 of 2018 and 28.09.2018 in Criminal Miscellaneous No. 57484 of 2018. Petitioner has got no criminal antecedent.
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 Marahaurah P.S. Case No. 155 of 2018 G.R. No. 2974 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.4497 of 2019(3) dt.13-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U