Pulkit Mehra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77989 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- PURAINI District- Madhepura ======================================================
1. Pulkit Mehra, S/o Late Mahavir Mehra,
2. Dilkhesh Mehra @ Dilkhush Mehra, S/o Puran Mehra @ Puran Ram, Both R/o Vill.- Kahartoli, Makdampur, P.S.- Puraini, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Sri Ram Naresh Ray (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for petitioners and learned counsel for the State.
Petitioner, who are in custody, seek bail in connection with Puraini P.S. Case No. 129 of 2018 (G.R. No. 944 of 2018) registered for the offences punishable under Sections 363, 366-A/34 of the Indian Penal Code. Informant has alleged that his minor sister Chandni Kumari was enticed away by the petitioners and married to one Chhatrapal Singh in U.P. after taking money from said person. The matter could not be resolved in panchayati and as such he is filing a written complaint on 07.08.2018. The occurrence is of 28.07.2018.
Patna High Court Cr.Misc. No.77989 of 2018(2) dt.07-01-2019 2/3 It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have been falsely implicated in this case. The marriage of the victim was solemnized at behest of the informant and police is conversation with the victim girl and the details of persons who is alleged to have been married to the victim is also on record. Still neither the victim girl is being recovered nor her statement has been recorded nor the said person has been apprehended by the police and petitioners have been falsely implicated in this case due to ulterior motive and village rivalry. There has been inordinate delay in instituting the FIR. Petitioners have no criminal antecedent and are in custody since 07.08.2018.
Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Puraini P.S. Case No.
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners 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 their absence on two consecutive dates without
Patna High Court Cr.Misc. No.77989 of 2018(2) dt.07-01-2019 3/3 sufficient reasons, their 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 petitioners. (S. Kumar, J) Rajiv/- U T