Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16617 of 2017 Arising Out of PS.Case No. -184 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rahul Kumar, son of Satya Narayan Prasad, resident of village Karamwa, P.S. Sugauli, District East Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner : Mr. Dhannjay Kumar No. 2, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 01.10.2016 in connection with Sugauli P.S. Case No. 184 of 2016 for the alleged offences under Sections 363, 365, 366(A), 506/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation in the FIR is against Ajaj Mian who is said to have taken away the informant's daughter, sister-in-law and the petitioner, the latter being a victim himself. Upon their return the deposition of the girls in question have been recorded in which it has been stated that the petitioner's brother Pappu Saraf had given Rs. 10,000/- to the petitioner who accompanied both the girls from Patna to Ludhiana. The said Pappu Saraf has since been granted bail by this Court in Cr. Misc. No. 3935 of 2017. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 01.10.2016 already suffered, let the petitioner above named
Patna High Court Cr.Misc. No.16617 of 2017 (2) dt.06-04-2017 be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Sugauli P.S. Case No. 184 of 2016 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T