Buchun Seth @ Rakesh Seth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25940 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ============================================== BUCHUN SETH @ RAKESH SETH Son of Late Dharmdeo Seth Resident of Village- Tarhani, P.S.- Sonhan, Dist- Kaimur (Bhabua) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Sahay Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-01-2021 Heard Mr. Ravi Shankar Sahay, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with Bhabhua (Sonhan) P.S. Case No. 56 of 2020 instituted for the offences under Sections 366(A)/34 of the Indian Penal Code.

From perusal of the First Information Report, it appears that the daughter of the informant was kidnapped and the needle of suspicion was placed on Gopal Seth, who is the son of the petitioner. Because of this, it has been

Patna High Court CR. MISC. No.25940 of 2020(4) dt.05-01-2021 2/3 urged, the petitioner, his wife and his daughter also have been made accused in this case.

It has been submitted on behalf of the petitioner that neither the son of the petitioner nor the daughter of the informant have been recovered.

The petitioner is in custody since 26.01.2020. The wife and daughter of the petitioner have not been sent up for Trial.

This Court had called for a report about the stage of the case from the court below by order dated 23.11.2020. The report indicates that though charges have been framed in this case on 07.10.2020 but till date no witness has been examined.

Regard being had to the nature of accusation, the surrounding circumstances and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua, Kaimur in connection with Bhabhua (Sonhan) P.S. Case No. 56 of

Patna High Court CR. MISC. No.25940 of 2020(4) dt.05-01-2021 3/3 2020.

However, it is made clear that petitioner shall participate in the trial in right earnest. If he absents himself from the trial proceedings on two consecutive occasions without obtaining prior leave of the Trial Court, it would be open for the Trial Court to proceed against the petitioner for cancellation of his bail.

(Ashutosh Kumar, J) sunilkumar/- U T