Krishna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54555 of 2017 Arising Out of PS.Case No. -233 Year- 2017 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Krishna Rai, Son of Rambabu Rai, Resident of Village- Mohiddinpur Grahi, P.S.- Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bidupur P.S. Case No. 233 of 2017 instituted for the offence under Sections 363,366 of the IPC.

It is alleged in the written report that on the date of occurrence the informant had gone to Chechar Temple with his daughter at about 7.00 pm in the evening from there his daughter namely Babita Kumari became traceless. It is further alleged that Krishna Rai was also traceless from that place. Thereafter, it is suspected that this petitioner Krishna Rai has enticed away the daughter of the informant. The victim girl has been recovered and recorded her statement under Section 164 Cr.P.C., in which there is no specific allegation of overt act against the petitioner.

Patna High Court Cr.Misc. No.54555 of 2017 (2) dt.16-01-2018 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bidupur P.S. Case No. 233 of 2017 to the satisfaction of learned A.C.J.M.-XIV, Hajipur, Vaishali subject to condition as laid down u/S 438 (2) of the 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (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 petitioner.