Gauri Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47961 of 2016 Arising Out of PS.Case No. -330 Year- 2015 Thana -PATORI District- SAMASTIPUR ====================================================== Gauri Das, Son of Ras Bihari Das, Resident of Village- Uttari Dumari, P.S. Patori, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-12-2016 Heard the counsel for the petitioner and Mr. R. N. Ray, APP for the State.

The petitioner prays for bail in Patori P.S. Case No. 330 of 2015 registered under sections 364/34 IPC lodged by the brother of the victim. The allegation is that she was sleeping in a room and in the morning was found traceless. The informant suspected the hands of the petitioner in the crime.

It is submitted that the victim returned home on her own and made a statement before the police in which it is alleged that in the name of providing her medical treatment of the injury caused to her by the informant himself the petitioner took her to a temple and persuaded to marry her which was protested/denied whereafter the petitioner fled therefrom. It is stated that such

Patna High Court Cr.Misc. No.47961 of 2016 (3) dt.01-12-2016 2/2 statement was made on 20.08.2015. There is business rivalry between the informant and the petitioner who are shopkeepers. The petitioner is in custody since 08.01.2016. The charge-sheet has already been submitted. He has no criminal antecedents. Considering the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in Patori P.S. Case No. 330 of 2015 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T