Asmriti Yadav @ Smriti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13525 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- SHAMBHUGANJ District- Banka * ====================================================== ASMRITI YADAV @ SMRITI KUMAR, aged about 39 years, (M) Son of Brahmdeo Yadav Resident of Village- Bharatshila, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the parties.

Let the Defect(s) as pointed out by the office be ignored for the present.

Petitioner seeks bail in Shambhuganj P.S. Case No. 69 of 2018 registered for the offence punishable under Sections 366 (A) and 34 of the Indian Penal Code.

Informant who is the mother of victim girl has alleged in her written complaint that petitioner along with FIR named accused person abducted her daughter for the purpose of marriage.

It has been submitted on behalf of the petitioner that he

Patna High Court CR. MISC. No.13525 of 2019(2) dt.06-03-2019 2/3 is innocent and has been falsely implicated in this case due to village politics. There is false and concocted allegation against petitioner. It is submitted that the occurrence is of 18.02.2018 whereas FIR has been instituted on 12.04.2018 and there is no explanation for instituting the FIR after delay of 55 days. Petitioner is brother of co-accused against whom allegation is of enticing away daughter of informant. Nothing specific has been alleged against petitioner. Petitioner has got no criminal antecedent and is in custody since 12.09.2018. 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/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 69 of 2018, with following conditions:- (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 shall remain physically present as directed by the

Patna High Court CR. MISC. No.13525 of 2019(2) dt.06-03-2019 3/3 Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) manoj/- U T