Md. Juber v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72176 of 2018 Arising Out of PS. Case No.-287 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== Md. Juber S/o Md. Vasir R/oVillage-Kumiyahi,P.S.-Triveniganj,Distt.-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Triveniganj P.S. Case No. 287 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 on account of which she eloped with the petitioner along with cash of Rs. 12000/- and other articles.

It has been submitted on behalf of the petitioner that the victim girl in her statement recorded under section 164 of the Cr.P.C has stated that she had gone with petitioner out of her own volition and sweet will. The victim girl has also stated that petitioner has not made physical relation with her which stands corroborated by the medical report. Petitioner has got no

Patna High Court Cr.Misc. No.72176 of 2018(2) dt.07-12-2018 2/2 criminal antecedent and is in custody since 06.09.2018. 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/- with two sureties of the like amount each to the satisfaction of learned ACJM-I, Supaul, in connection with Triveniganj P.S. Case No. 287 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