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Patna High CourtCR. MISC./26794/2017bail granted

Jai Kishor Sah v. The State Of Bihar

2017-07-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26794 of 2017 Arising Out of PS.Case No. -85 Year- 2015 Thana -MANSI District- KHAGARIA ======================================================

1. Jai Kishor Sah Son of Prem Lal Sah, Resident of Village- Hath Mandal, P.O.- Banama, P.S.- Salkhuaa, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Mansi P.S.Case No.85/2015 dated 19.4.2015 , G.R.No.1026/2015, registered for offences punishable under Section 366(A) of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of kidnapping the girl, however, submission of the learned counsel for the petitioner is that there is love affair between the parties and they have married, this fact will appear from the statement of the victim girl made under Section 164 of Cr.P.C., which is Annexure-2 and now the parties have compromised the case, which will appear from Annexure-3 of this petition. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.26794 of 2017 (2) dt.11-07-2017 2/2 Having heard both sides and in view of the facts and circumstances, 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 C.J.M., Khagaria in connection with Mansi P.S.Case No.85 of 2015.

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) chn/- U T