Bali Choudhari v. The State Of Bihar

Patna High Court Cr.Misc. No.47024 of 2015 (3) dt.01-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47024 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -DARIHAT District- SASARAM (ROHTAS) ======================================================

1. Bali Choudhari son of Ram Swaroop Choudhari Resident of VillageDarihat P.s Darihat District Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Darihat P.S. Case No. 49 of 2015 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code. Khushboo Kumari aged 14 years the daughter of the informant was kidnapped by the son of the petitioner with intention to marry with her and the petitioner assisted his son. Submission is of false implication and that there was love affairs between the son of the petitioner and the daughter of the informant and both went according to their own sweet will, the victim has been safely released and she has not stated any overt act or any sexual harassment committed against her and the

Patna High Court Cr.Misc. No.47024 of 2015 (3) dt.01-12-2015 petitioner who is suffering in custody since 29.06.2015 deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, considering that the victim has been safely released and she has not stated regarding any sexual harassment or any overt act committed against her, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Dehri-On-Sone, Rohtas in connection with Darihat P.S. Case No. 49 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T