Nand Kishore Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40588 of 2017 Arising Out of PS.Case No. -252 Year- 2016 Thana -BARGANIA District- SITAMARHI ======================================================

1. Nand Kishore Ram Son of Rajendra Ram, R/o Village-Akhta, P.s. Bairgania, District-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bairgania P.S.Case No.252 of 2016, registered for offences punishable under Sections 363 and 366A of the Indian Penal Code.

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

Submission of the learned counsel for the petitioner is that as a matter of fact she voluntarily went with one Ramji Ram and married with him, which will appear from her statement recorded under Section 164 Cr.P.C. on the day of recovery. It is further submitted that though she has named this petitioner and one co-accused in her statement recorded under Section 164

Patna High Court Cr.Misc. No.40588 of 2017 (2) dt.04-09-2017 2/3 Cr.P.C. of forcibly taking her but that has been recorded after eights days of recovery and further there is no allegation against the petitioner and the petitioner is in custody since 5.6.2017. 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 C.J.M., Sitamarhi in connection with Bairgania P.S.Case No.252 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 disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T

Patna High Court Cr.Misc. No.40588 of 2017 (2) dt.04-09-2017 3/3