Bakhora Das @ Bakhaura Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22397 of 2019 Arising Out of PS. Case No.-411 Year-2018 Thana- PALIGANJ District- Patna ====================================================== Bakhora Das @ Bakhaura Das (Male), aged about 45 year, Son of Late Chunnu Das @ Channu Das Resident of Village - Sarsi, P.S.- Paliganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Paliganj P.S. Case No. 411 of 2018 registered for the offences punishable under Sections 366, 366(A) of the Indian Penal Code. The allegation against the petitioners per the case of the prosecution is that the informant Dharichhan Das, alleged in his written report before the S.H.O., Paliganj Police Station, Patna that his daughter Bibha Kumari, aged about 14 years, was missing from the morning of 21.12.2018. During course of search, it came to know that Bishambhar Das has abducted her daughter. It also came to know this boy is also working in the dance party. Informant further suspected that after abduction of

Patna High Court CR. MISC. No.22397 of 2019(4) dt.31-07-2019 2/3 her daughter, she may be killed or kept her in secret place. This fact was also know by the family members of Bishambhar Das and this occurrence was committed in connivance with his Mama Bakhora Das.

From the statement under Section 164 Cr.P.C., victim girl stated that the guardian of accused Bishambhar Das has been brought her at police station and who was kept anywhere with his relative, who is not named the petitioner. There is no specific allegation against the petitioner. The petitioner is in jail since 14.02.2019.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Danapur in connection with Paliganj P.S. Case No. 411 of 2018, subject to the following conditions :

(1) On of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason

Patna High Court CR. MISC. No.22397 of 2019(4) dt.31-07-2019 3/3 will entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Anjani Kumar Sharan, J) Nasimul/- U T