Shankar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31461 of 2018 Arising Out of PS. Case No.-107 Year-2017 Thana- MEHANDIA District- Jehanabad ====================================================== Shankar Chaudhary S/o Briksh Chaudhary, R/o Vill.- Temudha, P.S.- Pauthu, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Srivastava For the Opposite Party/s :

Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Mehandiya P.S. Case No.107 of 2017 registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

The informant in his written complaint lodged before the police on 05.12.2017 has stated that his daughter Sudha Kumari is missing from 13.11.2017 and after much search she could not be traced and thereafter he came to know that the petitioners as named in the FIR have kidnapped his daughter. It has been submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in this case. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.31461 of 2018(2) dt.24-05-2018 2/3 allegation of kidnapping is of 13.11.2017 however, the written complaint was filed on 05.12.2017 and there is only suspicion in the FIR. Petitioner has got no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M, Jehanabad in connection with Mehandiya P.S. Case No.107 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.31461 of 2018(2) dt.24-05-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U