Ghoghal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20942 of 2017 Arising Out of PS.Case No. -66 Year- 2011 Thana -MADHEPURA District- MADHEPURA ====================================================== Ghoghal Yadav, son of Late Narsingh Yadav, Resident of VillageSonbarsha, P.S.- Choutham, District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Choudhary For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Madhepura P.S.Case No. 66 of 2011 registered for the offences punishable under Section 364A of the Indian Penal Code. Petitioner is not named in the FIR and allegation is kidnapping for ransom.

It has been submitted on behalf of the petitioner that there is nothing against the petitioner and even in statement of the victim recorded under Section 164 Cr.P.C. petitioner has not been named and except present one the petitioner is involved in another case and he is in custody for eight months.

Heard learned APP also, who has opposed the prayer for bail stating that in the case diary statement of the victim has been recorded under Section 161 Cr.P.C. in which he has stated that he was kept in the house of the petitioner also. Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.20942 of 2017 (4) dt.07-07-2017 2/2 facts and circumstances and also considering the fact that in statement under Section 164 Cr.P.C. the victim has not named this petitioner, as such, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S.Case No. 66 of 2011, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate 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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U