Pintu Sah @ Pintu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20683 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -CHAUSA District- MADHEPURA ======================================================

1. Pintu Sah @ Pintu Kumar Sah, Son of Rajendra Sah, Resident of VillageAbhiram Singh Basa, P.S.- Chousa, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Chausa P.S.Case No.40 of 2016, registered for offences punishable under Sections 366(A), 120(B) & 34 of the Indian Penal Code. The petitioner is named in the F.I.R. The allegation is under Section 366 and other Sections of the Indian Penal Code of kidnapping the victim girl for the purpose of marrying with her. It is submitted on behalf of the petitioner that the F.I.R. as well as the statement made under Section 164 Cr.P.C. clearly suggests that there is love affair between the co-accused and the victim and the allegation against the petitioner is only of being present in the marriage. It is further submitted that the co-accused has already been granted bail by this Court, vide order dated

Patna High Court Cr.Misc. No.20683 of 2017 (2) dt.08-05-2017 2/2 29.03.2017 passed in Cr. Misc. No.14329 of 2017. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the coaccused against whom there is allegation of marrying with the victim girl has already been granted bail by this Court, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Udakishunganj, Madhepura in connection with Chausa P.S.Case No.40 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U