Chamcham Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61704 of 2017 Arising Out of PS.Case No. -507 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Chamcham Rai S/o Mohit Rai R/o Village - Chainpur Ghurna, P.S. Marhaura, District - Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Prakash For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2018 Heard the parties.

The petitioner seeks regular bail in connection with Marhaura P.S.Case No.507 of 2016 registered for offences punishable under Section 364/34 of the Indian Penal Code. Allegation against the petitioner is of abduction of his son, who was living in his in-laws. The wife of the victim, who has been abducted, is the informant in this case. Submission of the learned counsel for the petitioner is that the petitioner is the father of the victim and he has himself lodged a case which is a complaint case with regard to the fact that his son is traceless, which is annexure 2 and except family members of the informant there is no other witness, who has stated that the petitioner has taken his son. He is in custody for about 2 1⁄2

Patna High Court Cr.Misc. No.61704 of 2017 (3) dt.12-01-2018 2/2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Saran at Chapra in connection with Marhaura P.S.Case No.507 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T