Islam Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28254 of 2022 Arising Out of PS. Case No.-166 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== ISLAM GADDI S/o Suneshar Gaddi Resident of Village-Siswa Saraiya, P.S.- Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner seeks bail in a case registered for the offence punishable under Sections 366(A)/34 of IPC and Section 12 of POCSO Act.

The prosecution case, in short, is that on 02.08.2021, accused persons including the petitioner are alleged to have kidnapped the minor daughter (the victim) aged about 13 years for the purpose of marriage.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been

Patna High Court CR. MISC. No.28254 of 2022(2) dt.23-08-2022 2/3 implicated in the present case. Further submits that the petitioner is father of co-accused Abulaish Gadi. Further submits that it appears from the FIR that there is no allegation of kidnapping against the petitioner and the petitioner has falsely been implicated in this case because he is father of co-accused Abulaish Gadi. Petitioner is in custody since 25.03.2022. Learned counsel for the informant and learned A.P.P. for the State have opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bairiya P.S. Case No.166 of 2021, with the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.28254 of 2022(2) dt.23-08-2022 3/3 And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T