Shankar Chandrabanshi @ Shankar Kumar Chandrabanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19967 of 2020 Arising Out of PS. Case No.-193 Year-2019 Thana- KAKO District- Jehanabad ====================================================== SHANKAR CHANDRABANSHI @ SHANKAR KUMAR CHANDRABANSHI Son of Nandu Ram Resident of Village-Nagwan, P.S.- Kako, District-Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Harun Quareshi, Advocate For the Opposite Party/s :
Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Kako P.S. Case No. 193 of 2019, registered for the offence punishable under Sections 366(A), 34 of the Indian Penal Code.
As per prosecution case, on 30.06.2019 at 11.00 pm, the daughter of informant went to attend the natural call, but she did not return. Even after hectic search, she could not be traced out. On 05.07.2019, the informant came to know that petitioner kidnapped his girl on the pretext of marriage and parents of
Patna High Court CR. MISC. No.19967 of 2020(2) dt.29-06-2020 2/3 petitioner are also involved in the aforesaid crime. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. In fact, there is love affair between the petitioner and the victim girl. The victim girl in her statement under Section 164 Cr.P.C has clearly stated that she has left her house out of her sweet will and she has solemnized marriage with the petitioner. Petitioner is in custody since 10.07.2019 having clean antecedent. Considering the facts and circumstances of the case and statement of victim girl under Section 164 Cr.P.C, the petitioner above-named, 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 the learned Chief Judicial Magistrate, Jehanabad in connection with Kako P.S. Case No. 193 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.19967 of 2020(2) dt.29-06-2020 3/3 (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T