Sivan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72880 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== Sivan Das S/o Late Gonaur Das R/o Village-Madhkaul, P.S.-Belsand, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Tariyani Chhapra P.S. Case No. 58 of 2018 registered for the offence punishable under Sections 363, 366A of the Indian Penal Code.

Allegation against the petitioner is of enticing away the minor daughter of the informant for the purpose of marriage. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. However, the girl has been recovered and in her statement under section 164 of the Cr.P.C she has not named petitioner but has named Chandan Das, who has already been granted bail vide order dated 09.10.2018 in Criminal Miscellaneous No. 59165 of 2018. Petitioner has got no criminal antecedent and is in custody

Patna High Court Cr.Misc. No.72880 of 2018(2) dt.13-12-2018 2/2 since 24.08.2018.

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/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar, in connection with Tariyani Chhapra P.S. Case No. 58 of 2018, with following 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 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) ranjan/- U