Patna High CourtCR. MISC./40114/2017bail granted

Md. Azad v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.40114 of 2017 (3) dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40114 of 2017 Arising Out of PS.Case No. -305 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================

1. Md. Azad son of Md. Manjoor, resident of Village- Dakhighat, Nagar Parishad, Ward No. 25, Supaul, Police Station & District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 The petitioner seeks regular bail in connection with Supaul P.S. Case No. 305 of 2017, registered for offences punishable under Sections 363, 366(A), 120B/34, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor daughter of the informant.

It has been submitted on behalf of the petitioner that the girl has been recovered and her statement under Section 164 Cr.P.C. has been recorded, in which she has not made any allegation against the petitioner rather she has stated that she had gone out of her own sweet will and her age was also assessed as eighteen years. Further petitioner has no criminal antecedent and has been in judicial custody since 04.06.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.40114 of 2017 (3) dt.11-09-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Supaul, in connection with Supaul P.S. Case No. 305 of 2017, subject to the 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 cooperate 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.

(Vinod Kumar Sinha, J) sunil/- U T