Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57232 of 2018 Arising Out of PS.Case No. -408 Year- 2016 Thana -MANER District- PATNA ======================================================

1. Bhola Rai, S/o Vishwa Bhushan Singh @ Vishwa Bhushan Rai @ Vishwa Rai, Resident of Village- Naya Tola, Gorai Ashthan, P.S.- Maner, Dist- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rudal Singh For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Special POCSO Case No.145 of 2016 arising out of Maner P.S.Case no.408 of 2016 registered for offences punishable under Sections 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner is of trying to kidnap the daughter of the informant.

Submission of the learned counsel for the petitioner is that the FIR itself shows that the kidnapping has not taken place and the petitioner fled away. Now he is in custody for about 2 1⁄2 months. There is no criminal antecedent of the petitioner. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.57232 of 2018 (3) dt.12-10-2018 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Addl. District and Sessions Judge-I cum Special Judge POCSO, Patna in connection with Special Case No.145 of 2016 arising out of Maner P.S.Case No.408 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 the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

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