Binay Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22646 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== BINAY KUSHWAHA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Heard the parties.
The petitioner seeks anticipatory bail in connection with Chanpatiya (Sirisiya) P.S. Case No. 384 of 2018 registered for offences punishable under Sections 366/34 of the Indian Penal Code.
As per F.I.R., allegation against the petitioner is of kidnapping the minor daughter of the informant. Submission of the learned counsel for the petitioner is that the girl has been recovered and her statement recorded under Section 164 Cr.P.C. in which it appears that she herself left her house and she disclosed her age about 18 1⁄2 years and the petitioner has no criminal antecedent.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and
Patna High Court CR. MISC. No.22646 of 2019(2) dt.09-04-2019 2/2 circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Chanpatiya (Sirisiya) P.S.Case No. 384 of 2018, to the satisfaction of learned S.D.J.M., Bettiah in Chanpatiya (Sirisiya) P.S.Case No. 384 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(Vinod Kumar Sinha, J) sudha/- U T