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Patna High CourtCR. MISC./18349/2021bail granted

Bachan Ram @ Bachchan Ram v. The State Of Bihar

2021-11-30Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18349 of 2021 Arising Out of PS. Case No.-166 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== BACHAN RAM @ BACHCHAN RAM Son of Late Baharan Ram Resident of Village- Chatur Baghan, P.S.- Jadopur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Adv For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-11-2021 Heard Shri Vyas Kumar Mishra, learned counsel appearing on behalf of the petitioner and Smt. Sharda Kumari, learned APP appearing on behalf of the State. Petitioner who is in custody since 22.10.2020 seeks bail in connection with Jadopur P.S. Case No. 166 of 2020 registered for offences punishable under Sections 366 and 363/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that petitioner is the father of co-accused Sanjeev Ram against whom there is a direct allegation of kidnapping of the minor daughter of the informant. It has further been submitted that the victim girl has been recovered and from the perusal of her statement under Section 164 Cr.P.C., she has made a specific statement that she has married with the co-accused who is the son of the present petitioner and she is living happily with him

Patna High Court CR. MISC. No.18349 of 2021(4) dt.30-11-2021 2/2 on her own desire and wishes.

Learned A.P.P., however, opposes the prayer for bail. Considering the period of custody as well as the statement of the victim girl under Section 164 Cr.P.C., let the petitioner above named, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sri Devendra Prasad, Judicial Magistrate-1st class, Gopalganj in connection with Jadopur P.S. Case No. 166 of 2020 subject to the following conditions:

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers 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. (Purnendu Singh, J) Niraj/- U T