Sahadat @ Sonelal @ Sahadat Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.19246 of 2017 (2) dt.18-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19246 of 2017 Arising Out of PS.Case No. -505 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Sahadat @ Sonelal @ Sahadat Ali son of Sakir Ali resident of village Majholis, P.S. Sadar, District Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Sadar P.S. Case No. 505 of 2015 registered for the offences punishable under Sections 363, 365 and 366(a) of the Indian Penal Code. Allegedly, on 30.09.2015 the daughter of the informant aged about 12 years went to purchase some articles from the shop but she did not return. Four months ago the petitioner threatened his daughter to kidnap her. The victim after her release gave her statement under Section 164 Cr.P.C. stating the name of the petitioner as kidnapper and further that the petitioner made her unconscious. Submission is of false implication and that the victim went out of her own sweet will, the father of the victim wanted to marry his daughter with the petitioner but the father of the petitioner was not ready for the same. The victim has not alleged any ill-treatment at the hands of the petitioner. The doctor has found her age between 15-16

Patna High Court Cr.Misc. No.19246 of 2017 (2) dt.18-05-2017 years and as such the petitioner deserves sympathetic consideration as he is suffering in custody since 25.01.2017.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the detention of the petitioner and further that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, 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 Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 505 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