Mithu Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75090 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== Mithu Rajak Son of Nand Kishore Rajak@ Nand Kishore Baitha Resident of Village- Simra, P.S. Piar, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sri Arun Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Tariyani Chhapra P.S. Case No. 48 of 2018 registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

Informant is the mother of victim, who has filed a written complaint before the police that petitioner and other coaccused came on two motorcycles at his door and took away his minor daughter for the purpose of marriage.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The girl has been recovered and statement recorded under Section 164 of Cr.P.C. in which she

Patna High Court Cr.Misc. No.75090 of 2018(2) dt.14-12-2018 2/2 has stated that she had gone with the petitioner out of her own sweet will and volition and she was not kidnapped and they have solemnized marriage also.

Considering the aforesaid fact 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 learned Additional Chief Judicial Magistrate, Sheohar, in connection with Tariyani Chhapra P.S. Case No. 48 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T