Lav Kush Ram @ Lavkush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11705 of 2019 Arising Out of PS. Case No.-296 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== Lav Kush Ram @ Lavkush Kumar Son of Aklu Ram Resident of Village - Rajpur Mathiya, P.S.-Shikarpur, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 504, 506, 341, 366A/34 of the Indian Penal Code.

Allegation against the petitioner is of enticing minor daughter of the informant for the purpose of marriage. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The girl in her statement recorded under Section 164 of the Cr.P.C has stated that she was having love affair with petitioner and she had gone to Delhi with him and got married on her own volition

Patna High Court CR. MISC. No.11705 of 2019(2) dt.05-04-2019 2/3 and sweet will. She has denied the occurrence as alleged by the Informant in the FIR. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 21.01.2019 in Criminal Miscellaneous No. 776 of 2019 and 30.01.2019 in Criminal Miscellaneous No. 4983 of 2019. Petitioner has got no criminal antecedent and is in custody since 27.10.2018.

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 court below where the case is pending, in connection with Shikarpur P.S. Case No. 296 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 Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.11705 of 2019(2) dt.05-04-2019 3/3

(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) ranjan/- U