Tuntun Bhagat @ Tunnu Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.364 of 2018 Arising Out of PS. Case No.-150 Year-1999 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Tuntun Bhagat @ Tunnu Bhagat Son of Munshi Bhagat Resident of VillageParsha Sadan Tole Tiwra, P.S.-Sahebganj, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur For the Opposite Party/s :
Mr. SRI CHANDRASEN PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Sahebganj P.S. Case No. 150 of 1999 registered for the offence punishable under Sections 363, 366, 366(A), 372 and 34 of the Indian Penal Code. Informant is the brother of the victim girl and it has been alleged that on 18.11.1999 his sister Binnu Kumari had gone outside to attend the call of nature and when she did not return then in the next morning, he came to know that Sunil Kumar Bhagat, Anil Kumar Bhagat, Munshi Bhagat and Tuntun Bhagat (petitioner) had kidnapped his sister. It has further been stated that co-accused Manshi Bhagat has been acquitted from the charges in S.Tr. No. 314 of 2000 and other co-accused persons have been granted bail. Petitioner has got no criminal
Patna High Court Cr.Misc. No.364 of 2018(2) dt.17-01-2018 2/2 antecedent and is in custody since 28.08.2017. Learned counsel for the State has opposed the prayer for bail as the petitioner was absconding from last 16 years and surrendered in the court below on 28.08.2017. The victim girl in her statement under Section 164 of the Cr.P.C has stated that on account of inter caste marriage the informant-brother of the victim girl had lodged false criminal case. She has further stated that her father and brother always threatened to kill her. She has also stated that she had solemnized marriage with Sunil Bhagat and since, then she is residing in her sasural.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Sahebganj P.S. Case No. 150 of 1999.
(S. Kumar, J) ranjan/- U