Sonu @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40416 of 2023 Arising Out of PS. Case No.-240 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== SONU @ SONU KUMAR S/O DHANESH SAH @ DHANE SAH R/O Village- Raghunathpur, PS. Raghunathpur O.P. (Turkauliya), Dist. East Champaran, Motihari ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2023 None appears on call The petitioner is in custody since 25.03.2023 in connection with Town P.S. Case No. 240 of 2023 for the offence punishable under Sections 363, 366A of the I.P.C. lodged on 20.03.2023 by the informant Ravina Devi.
As per the prosecution story the victim girl disappeared from home, was last seen with the petitioner and accordingly the F.I.R.
Subsequently the girl was recovered and she made a statement under Section 164 of the Cr.P.C. in which statement was made that she was in relationship with the petitioner, became pregnant, told her mother and as she was not ready for solemnization of marriage, disappeared.
Patna High Court CR. MISC. No.40416 of 2023(2) dt.21-07-2023 2/3 As per the learned Session's Judge observations, she also entered into marriage with the present petitioner. Considering the fact that there is delay in lodging of the FIR, the girl has been found to be 18-19 years of age and has remained in custody since 25.03.2023 (as stated in paragraph 1 of the bail application), this Court is inclined to extend him the privilege of bail with conditions. 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 learned Court of Additional Sessions Judge, 6th, Cum Special Judge POSCO Act, East Champaran, Motihari in connection with Town P.S. Case No. 240 of 2023 subject to the following conditions: (i) one of the bailor should be the family member of 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,
Patna High Court CR. MISC. No.40416 of 2023(2) dt.21-07-2023 3/3 failing which the State shall be at liberty to take steps for cancellation of the 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 his bail bonds. With the aforesaid observations, the bail application is allowed.
Jagdish/Jyoti/- (Rajiv Roy, J) U T