Dewendra Rai @ Devendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69805 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- PIPRAHI District- Sheohar ====================================================== Dewendra Rai @ Devendra Ray S/o Late Gagandeo Rai Resident of VillageAbhirajpur Bairiya,P.S. Piprahi,Distt.-Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Piprahi P.S. Case No. 108 of 2018 registered for the offence punishable under Sections 366-A/34 of the Indian Penal Code.

Allegation against petitioner is of kidnapping the daughter of informant with intent to marry her. It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that son of petitioner Shivnath Kumar who is having love affairs with the daughter of informant and she has willingly gone with him. Statement of victim girl was recorded under Section 164 Cr.P.C in which she

Patna High Court Cr.Misc. No.69805 of 2018(2) dt.07-12-2018 2/2 has not alleged any role of petitioner in her abduction. Petitioner has no criminal antecedent and he is in custody since 01.09.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Sheohar, in connection with Piprahi P.S. Case No. 108 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T