Tarachand Prasad @ Tara Chandra Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.1815 of 2017 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1815 of 2017 Arising Out of PS.Case No. -77 Year- 2016 Thana -PATNA GRP CASE District- PATNA ====================================================== Tarachand Prasad @ Tara Chandra Prasad S/o Late Gajju Roy R/o Village Naya Tola Raghopur, P.S. Bakhtiyarpur, District Patna.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bhakhtiyarpur Rail P.S. Case No. 77 of 2016 registered for the offence punishable under Section 363 of the Indian Penal Code in which Section 370 (4) IPC was added later on.

Allegedly, one and half month old child of the informant was stolen by unknown person and during investigation the said infant was recovered from the house of the petitioner. Submission is of false implication and that the petitioner has tried to help out the infant child and he has kept the child for the purpose of providing protection with love and affection, the Police has wrongly recorded the confessional statement of Parshuram Rai and the petitioner, the petitioner has not purchased the said infant rather for safety purposes he has kept that infant.

Patna High Court Cr.Misc. No.1815 of 2017 (2) dt.19-01-2017 The petitioner is in custody since 03.09.2016. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the safe recovery of the child and further considering the period of detention, the petitioner above named is 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 learned Railway Judicial Magistrate, Patna in connection with Bhakhtiyarpur Rail P.S. Case No. 77 of 2016, subject to the conditions that one of the bailors must be a 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) avin/- U T