Patna High CourtCR. MISC./63712/2018bail granted

Ramesh Prasad v. The State Of Bihar

2018-10-29Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63712 of 2018 Arising Out of PS. Case No.-67 Year-2018 Thana- CHIKSAUR District- Nalanda ====================================================== Ramesh Prasad Son of Vijay Prasad @ Vijay Gop, Resident of VillageKorawan, Police Station- Chiksaura, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash For the Opposite Party/s :

Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Chiksaura P.S. Case No. 67 of 2018 registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the daughter of the Informant along with other co-accused persons named in the FIR.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The girl in her statement under Section 164 of the Cr.P.C has stated that she was having love affair with petitioner and had married with him on her own volition and sweet will. The girl has not levelled any allegation against the petitioner in her statement under Section 164 of the Cr.P.C. Petitioner has got no criminal

Patna High Court Cr.Misc. No.63712 of 2018(2) dt.29-10-2018 2/2 antecedent and is in custody since 30.08.2018. 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/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Hilsa, Nalanda, in connection with Chiksaura P.S. Case No. 67 of 2018, 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.

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

(S. Kumar, J) ranjan/- U