Bharat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63991 of 2018 ====================================================== Bharat Yadav S/o late Singhasan Yadav R/o Village- Purni Gonauli, P.S.- Bettiah (Muffasil ), District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Bettiah Muffasil P.S. Case No. 387/2018, registered for the offences punishable under Section 366A and 34 of the Indian Penal Code and section 8 of the P.O.C.S.O. Act.

Informant alleged that his niece had gone to attend the natural call along with other ladies (neighbours), but she did not return. Panchayati was held in which petitioner has stated that his son has taken away informant's niece and she will be returned to him soon.

It has been submitted that petitioner has falsely been implicated in this case due to enmity. The victim in her statement recorded under 164 Cr.P.C. has denied the factum of her kidnapping.

Patna High Court Cr.Misc. No.63991 of 2018 (2) dt.01-11-2018 2/2 Petitioner has no criminal antecedent. He is in custody since 11.08.2018.

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 District & Sessions Judge Ist-cum-Special Judge, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 387/2018, 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 properly represented 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) Vinita/- U T