Kaushal Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65859 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- PIRO District- Bhojpur ====================================================== Kaushal Pandit, Son of Ramesh Pandit, Resident of Village- Laharabad, P.S.- Piro, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Upadhyay For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Piro (Hasan Bazar) P.S.Case nO.51 of 2018 registered for offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of the informant.

Submission of the learned counsel for the petitioner is that the statement of the girl has been recorded under Section 164 of the Cr.P.C., which she has not supported the prosecution case rather stated that she had gone on her own sweet will and she has disclosed her age as 18 years. It is further submitted that the medical report also disclosed the age of the girl between 1718 years.

Patna High Court Cr.Misc. No.65859 of 2018(2) dt.26-11-2018 2/3 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned IIIrd Additional Seasons Judge, Bhojpur at Ara in connection with Piro (Hasan Bazar ) P.S.case No.51 of 2018..

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

Patna High Court Cr.Misc. No.65859 of 2018(2) dt.26-11-2018 3/3 (Vinod Kumar Sinha, J) chn/- U