Dinku Chaurasia v. The State Of Bihar

Patna High Court Cr.Misc. No.57759 of 2015 (2) dt.29-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57759 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -NIMACHANDPUR District- BEGUSARAI ====================================================== Dinku Chaurasia S/o Ganga Chaurasia @ Ganga Ram Chaurasia, resident of Paschim Banduar Barai Tola, P.S.- Neema Chandpura, DistrictBegusarai .... .... Petitioner

Versus

The State of Bihar ... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Sinha For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Neema Chandpura P.S. Case No. 08 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 342, 363, 364, 302, 201/120B of the Indian Penal Code.

Allegedly, the petitioner and other co-accused took away Lalan Paswan aged about 15-16 years, the son of the complainant/informant, on 25.6.2014 and when the son of the informant did not return then the informant inquired the matter resulting she was abused and assaulted by taking caste name. Submission is of false implication and that complaint case has been filed on 26.8.2015 after long delay without any

Patna High Court Cr.Misc. No.57759 of 2015 (2) dt.29-01-2016 explanation, there is no material against the petitioner and others under Section 363 and 364 I.P.C, the son of the informant is mentally weak and he has been missing somewhere and due to village politics the informant implicated the petitioner and others resulting the petitioner is suffering in custody since 29.5.2015, charge-sheet has been submitted and other is no chance of tampering with prosecution evidence and other co-accused Deepak Chaurasia and Manoj Chaurasia have been allowed bail to which the learned A.P.P. does not dispute.

In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sri Rakesh Kumar Judicial Magistrate, 1st Class, Begusarai, in connection with Neema Chanpura P.S. Case No. 08 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) siddharth/- U T