Saroj Kumar Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36217 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- RUPAULI District- Purnia ====================================================== SAROJ KUMAR SUMAN Son of Sri Dilo Prasad Yadav Resident of village - Maini Yadav Nagar, P.S.- Rupauli, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :
Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is an accused in connection with Rupauli P.S. Case No. 293 of 2022 registered for the offences under sections 363, 366(A), 379 and 34 of the Indian Penal Code lodged on 13.10.2022 by the informant, Sahista Pravin. As per the prosecution story, the allegation is that the minor daughter of the informant disappeared alongwith money/ornaments and the main allegation is against Manjesh Kumar that he took her away for the purpose of marrying. Further, upon query his family members namely, Dhaneshwar Paswan and Arjun Paswan did not gave satisfactory reply. Accordingly, the FIR.
It is the contention of the learned Counsel for the
Patna High Court CR. MISC. No.36217 of 2023(2) dt.19-07-2023 2/3 petitioner that his name has come in the confessional statement of one Arun Kumar Yadav that the couple stayed in the petitioner's house for a night. He is a project coordinator, little realizing the complexity of the things and got himself dragged in the present case, has remained in custody since 04.01.2023 (as stated in paragraph 23 of the bail application) and he do not have criminal antecedent.
Learned APP for the State, on the other hand, opposes the prayer for bail.
Taking into account the aforesaid submissions put forward by the learned Counsel for the petitioner as also similar placed Dhaneshwar Paswan and Arjun Paswan have been granted bail by a co-ordinate bench vide Cr. Misc. No. 8988 of 2023 as also Arun Yadav on whose confession, this petitioner was implicated has also granted bail in Cr. Misc. No. 33753 of 2023, this Court is also inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnea in connection with Rupauli P.S. Case No. 293 of 2022, subject to the following conditions-: (i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.36217 of 2023(2) dt.19-07-2023 3/3 the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Neha/- U T