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Patna High CourtCR. MISC./40030/2019bail granted

Rishi Kumar Chandrabanshi @ Rishi Kumar v. The State Of Bihar

2019-07-02Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40030 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== RISHI KUMAR CHANDRABANSHI @ RISHI KUMAR S/o Pramod Ram @ Pramod Kumar Resident of Village- Samba, P.S.- Warisaliganj, DistrictNawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 366(A) IPC registered in connection with Warisaliganj P.S. Case No. 64/2019.

3. It is submitted that the petitioner has been falsely implicated merely on suspicion except which there is no objective material to connect the petitioner with the alleged occurrence as evident from the statement of the victim girl recorded under Section 164 Cr.P.C. wherein she has fairly stated that she had voluntarily gone for correction of her Aadhar Card and mistakenly travelled to different places. The petitioner has not been named in the said deposition nor there is anything to indicate that she was kidnapped. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned J.M. Ist Class, Nawada in connection with Warisaliganj P.S. Case No.

Patna High Court CR. MISC. No.40030 of 2019(2) dt.02-07-2019 2/2 64/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T