Nishant Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34541 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -BELA District- SITAMARHI ====================================================== Nishant Baitha Son of Ram Ekbal Baitha, R/o Village- Bhim Nagar, P.S.- Bela, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate. Mr. Santosh Kumar, Advocate.

For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bela P.S. Case No. 166 of 2016 instituted for the offence under Sections 363, 366A/34 of the Indian Penal Code.

It is alleged in the written report that daughter of the informant namely, Kalpana Kumari, is missing from the house. The informant learnt that his daughter was in the house of Geeta Devi, she went there and came to know that his daughter was taken towards the orchard by the accused person including the petitioner.

The victim girl in her statement recorded under Section 164 Cr. P.C. has stated that she voluntarily left the house. She has not been kidnapped. She wants to marry with this

Patna High Court Cr.Misc. No.34541 of 2017 (2) dt.24-07-2017 2/2 petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Bela P.S. Case No. 166 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (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 present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if 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. (Sanjay Priya, J) S.