Hament Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4337 of 2018 Arising Out of PS. Case No.-144 Year-2017 Thana- CHAUSA District- Madhepura ====================================================== Hament Kumar S/o Lakhan Lal Mandal, R/o Village- Abhihiya Tola, Basaitha, P.S.- Chausa, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. SRI IFTEKHAR MAHMOOD ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Chausa P.S. Case No. 144 of 2017 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

Informant is the father of the girl who in his written complaint on 23.05.2017 has stated that the petitioner along with 11 accused persons kidnapped her 16 year minor daughter for the purpose of marriage and thereafter she is traceless. It has been submitted on behalf of the petitioner that the informant has lodged the FIR on 23.05.2017 for the occurrence of 21.05.2017, and as such delay has not been explained. It has been further submitted that there is dispute

Patna High Court Cr.Misc. No.4337 of 2018(2) dt.13-02-2018 2/2 between the parties and a complaint case is pending that's why petitioner has been made accused in this case. Similarly situated co-accused persons have been granted bail by co-ordinate benches of this court vide order dated 10.10.2017 in Criminal Miscellaneous No. 38431 of 2017 and 20.12.2017 in Criminal Miscellaneous No. 60282 of 2017. Petitioner has got no criminal antecedent and is in custody since 24.05.2017. 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/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chouse P.S. Case No. 144 of 2017.

(S. Kumar, J) ranjan/- U T