← Library
Patna High CourtCR. MISC./26717/2017bail granted

Baliram Chaudhary v. The State Of Bihar

2017-07-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26717 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Baliram Chaudhary Son of Chanar Chaudhary, Resident of VillageDiwaliya, P.S.- Shikarpur, District- Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Nath Jha For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Lauriya P.S.Case No.45 of 2017, registered for offences punishable under Sections 341, 323, 366A, 504 & 506/34 of the Indian Penal Code.

Allegation as per F.I.R. is that the petitioner and other co-accused persons have kidnapped the daughter of the informant and later on she was recovered and she has named this petitioner. Submission of the learned counsel for the petitioner is that except above allegation, there is nothing either she has been assaulted or rape and her statement has also been recorded. Now the petitioner is in custody for about five months and his whole family members have been implicated in this case.

Patna High Court Cr.Misc. No.26717 of 2017 (4) dt.24-07-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bettiah, West Champaran, in connection with Lauriya P.S.Case No.45 of 2017. 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 threat to any witness or to the informant and he will not try to tamper with the evidence, otherwise his bail bond shall be cancelled.

(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 reason, otherwise, his bail bond shall be cancelled.

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