Raju Mallik @ Mehtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9096 of 2019 Arising Out of PS. Case No.-599 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== RAJU MALLIK @ MEHTAR Son of Ramchandra Mehtar @ Ramchandra Mallik Resident of Village- Balia Bargaon, P.s.- Basnahi, District - Saharsa. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sadar (Mufasil) P.S. Case No. 599 of 2018 registered for the offence punishable under Sections 363, 366A, 373/34 of the Indian Penal Code.

Informant is the mother of victim, who in her written complaint has stated that when she came at her house, her minor daughter was not there and thereafter she started searching. Anyhow her daughter call on her mobile and stated that a boy has taken her away at some unknown place and confined in a room and also threatened to kill her.

Patna High Court CR. MISC. No.9096 of 2019(3) dt.28-03-2019 2/3 It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that statement of victim was recorded under Section 161 Cr.P.C. in which she has stated that she had love affair with petitioner and they have solemnized marriage. This was inter-caste marriage due to this reason the informant has falsely implicated the petitioner. Petitioner has no criminal antecedent and he is in custody since 04.11.2018. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Sadar (Mufasil) P.S. Case No. 599 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates

Patna High Court CR. MISC. No.9096 of 2019(3) dt.28-03-2019 3/3 without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T