Vishwajeet Kumar @ Ajit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51046 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -MUSRIGHRARI District- SAMASTIPUR ====================================================== Vishwajeet Kumar @ Ajit S/o Lakhan Ram Resident of Village - Rudauli, P.S.- Bachhawara, District - Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Musrigharari P.S. Case No. 17/2018, registered for the offences punishable under Section 363 and 366A of the Indian Penal Code.
Allegation is of kidnapping the daughter of informant for marriage purpose.
It has been submitted that victim has been recovered and in her statement recorded under Section 164 Cr.P.C. she has stated that she had love affair with the petitioner and had gone with petitioner out of her own free will and volition. She is major, as per her statement recorded under Section 164 Cr.P.C. Petitioner has no criminal antecedent. He is in custody since 13.04.2018.
Patna High Court Cr.Misc. No.51046 of 2018 (3) dt.03-10-2018 2/2 Considering the fact that victim is major girl, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Samastipur in connection with Musrigharari P.S. Case No. 17/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.
(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Vinita/- U T