Mintu Sah @ Sintu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28288 of 2020 Arising Out of PS. Case No.-474 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== MINTU SAH @ SINTU SAH S/o Bharat Sah Resident of Village-Durgawalia @ Dubwalia, Police Station-Ramnagar, District-West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Shikarpur P.S. Case No. 474 of 2019, registered for the offence punishable under Sections 366(A), 341, 323, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that on 28.10.2019, co-accused Punita Devi and Geeta Devi called his daughter from mobile and this petitioner with the help of others kidnapped his girl. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. In fact, there is love affair between the victim girl and this petitioner. The

Patna High Court CR. MISC. No.28288 of 2020(2) dt.10-11-2020 2/3 victim girl in her statement under Section 164 Cr.P.C stated that on 28.11.2019 she voluntarily left her house and went along with Sintu Sah @ Mintu Sah (petitioner) and performed marriage with him and she is living with this petitioner as wife and husband. The girl is major as per her Adhar card. Petitioner is in custody since 15.03.2020 having clean antecedent as mentioned in para 3 of the petition.

In view of statement under Section 164 Cr.P.C of the victim girl, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 474 of 2019, subject to following conditions:- (i) The 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 the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.28288 of 2020(2) dt.10-11-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T