Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22453 of 2022 Arising Out of PS. Case No.-65 Year-2018 Thana- KASHICHAK District- Nawada ====================================================== RAUSHAN KUMAR Son of Ashok Kumar @ Ashok Ray Resident of Village - Koshthua, P.s.- Kashichak in the distt. of Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-07-2022 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 366, 504/34 of the Indian Penal Code.

Allegation against petitioner is that he has taken away the younger daughter of the informant.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that statement of victim was recorded under Section 164 Cr.P.C. in which she has stated that she had gone with the petitioner out of her own volition and sweet will and she had love affair with petitioner and they have also solemnized marriage. It has been further submitted that other

Patna High Court CR. MISC. No.22453 of 2022(2) dt.18-07-2022 2/3 co-accused Ashok Ray and Tara Devi have already been granted anticipatory bail by a co-ordinate Bench of this Court as contained in Annexure-3. Petitioner has no criminal antecedent and is in custody since 05.03.2022.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nawada, in connection with Kashichak P.S. Case No. 65 of 2018, subject to conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate 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.

Patna High Court CR. MISC. No.22453 of 2022(2) dt.18-07-2022 3/3

(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) Rajiv/veenaU