Roushan Nek @ Ladan @ Raushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70603 of 2018 Arising Out of PS. Case No.-152 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Roushan Nek @ Ladan, Son of Late Nek Mohammad, Resident of VillageBahiro, Luk No.11, P.S.-Ara Nawada, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ara Nawada P.S. Case No. 152 of 2018 registered for the offence punishable under Sections 366A of the Indian Penal Code.

Informant has alleged that petitioner enticed his minor daughter for marriage, however, it has been stated that the girl had gone with petitioner with her own volition and sweet will. In the deposition also the informant and his wife have deposed that the girl had voluntarily accompanied the petitioner. The court has assessed the age of girl as 18 years and the girl has also stated her age to be 18 years. Informant has stated in his deposition that he has named petitioner as accused on suspicion and subsequently he learnt from his daughter that petitioner has

Patna High Court Cr.Misc. No.70603 of 2018(3) dt.14-12-2018 2/2 not kidnapped her but she had gone to house of her Mausi and had taken a wrong train. Similar deposition has been made by PW-1 Umesh Mahto and PW-3 the victim girl Simran Kumari. Petitioner has no criminal antecedent and he is in custody since 28.03.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Ara Nawada P.S. Case No. 152 of 2018 subject to the conditions that:-

(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 and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T