Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62896 of 2018 Arising Out of PS.Case No. -234 Year- 2018 Thana -BIHIA District- BHOJPUR ====================================================== Dharmendra Kumar Son of Bhikham Ram, resident of Village- Pakari, Police Station- Bihia, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Govind Mishra, Adv. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Bihia P.S. Case No. 234/2018, registered for the offence punishable under Section 366(A) of the Indian Penal Code.

Allegation against petitioner and other co-accused is that they kidnapped the daughter of informant for marriage. It has been submitted that petitioner has falsely been implicated in this case. The girl has been recovered and she has stated in her statement recorded under Section 164 Cr.P.C. that she herself left her house and went along with the petitioner out of her own free will and volition to Delhi.

Petitioner has no criminal antecedent. He is in custody since 09.08.2018.

Patna High Court Cr.Misc. No.62896 of 2018 (2) dt.12-10-2018 2/2 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 5th, Bhojpur at Ara in connection with Bihia P.S. Case No. 234/2018, subject to the 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 and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(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) Vinita/- U T