Patna High CourtCR. MISC./58397/2017bail granted

Chhathu Ram v. The State Of Bihar

2017-12-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58397 of 2017 Arising Out of PS.Case No. -377 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chhathu Ram, son of Sri Suresh Ram, resident of Village- Maldahia, P.S.- Shikarpur, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Shikarpur P.S. Case No.377 of 2017, a case under Sections 363/366/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

The F.I.R. relates to an occurrence of kidnapping of the minor daughter of the informant.

The victim in her statement under Section 164 Cr.P.C. stated that she was not kidnapped; rather she had voluntarily gone with the petitioner.

Learned counsel for the informant opposed the

Patna High Court Cr.Misc. No.58397 of 2017 (2) dt.14-12-2017 P2/ prayer for bail on the ground that the victim was a minor. Since the victim has not alleged any offence committed by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Shikarpur Police Station Case No. 377 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T