Punchun Kumar Yadav @ Chunchun Kumar Yadav @ Punchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16699 of 2022 Arising Out of PS. Case No.-97 Year-2015 Thana- KHAGAUL District- Patna ====================================================== Punchun Kumar Yadav @ Chunchun Kumar Yadav @ Punchun Kumar Son Of Late Nawal Kishore Singh R/O Village- Jamaluddin Chak, P.S.- Khagaul, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Informant : Mr. Upendra Prasad Singh, Advocate For the State :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner, learned counsel for the informant as well as learned APP for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 366/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner are alleged to have kidnapped the daughter of the informant (victim) with bad intention. Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely

Patna High Court CR. MISC. No.16699 of 2022(2) dt.18-07-2022 2/3 implicated in the present case. He further submits that in fact the victim has performed the marriage with one Ranjeet Kumar on 06.09.2017 at Motipur near Bairiya, District- Muzaffarpur itself and she has blessed a baby child and after that parties have filed a compromise petition before the learned Court below and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 04.01.2022. Learned counsel for the Informant has supported the contention of the petitioner and fairly submits that in fact the petitioner has also performed marriage.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Khagaul P.S. Case No. 97 of 2015, with the following conditions :-

(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.16699 of 2022(2) dt.18-07-2022 3/3

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U