Shivpujan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68398 of 2018 Arising Out of PS. Case No.-379 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Shivpujan Das, S/o Tiyae Das @ Sukhal Das, Resident of Village- Patbaria, P.S.- Muffasil Motihari, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Motihari Muffasil P.S.Case No.379 of2018 registered for offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is about kidnapping of the daughter of the informant by the accused person and the petitioner is also named in the FIR.

Submission of the learned counsel for the petitioner is that the statement of the girl has been recorded under Section1 64 Cr.P.C. and she has not named this petitioner though named other accused persons and the petitioner is in custody since 9.7.2018.

Patna High Court Cr.Misc. No.68398 of 2018(2) dt.30-11-2018 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 CJM at Motihari District East Champaran in connection with Motihari Muffasil P.S.Case No.379 of 2018..

With followin2018 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.

(Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.68398 of 2018(2) dt.30-11-2018 3/3 U