Sibdho Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16127 of 2017 Arising Out of PS.Case No. -432 Year- 2016 Thana -BIRAUL District- DARBHANGA ====================================================== Sibdho Sada, son of Saheb Sada, resident at Sone Behat, Kahua, Post - Shiv Nagar Ghat, Police Station - Biraul, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar @ Ravindra Kr Rai For the Opposite Party/s : Mr. Sri Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Biraul P.S. Case No. 432 of 2016, registered for offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is no allegation of kidnapping in the FIR against the petitioner rather it has been mentioned that he is a neighbour of the main accused Raju Sada about whom it is alleged that he has eloped on the date of occurrence. The petitioner is in custody since 4.1.2017 and he has no criminal antecedent.

Heard learned A.P.P. also. The learned APP could not controvert the above fact.

Having heard both sides and in view of the facts

Patna High Court Cr.Misc. No.16127 of 2017 (2) dt.08-04-2017 2/2 as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Biraul P.S. Case No. 432 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T