Sharawan Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51383 of 2015 ====================================================== Sharawan Gond Son of Bhrigunath Gond resident of Village- Singhpur P.S.- Vijaypur @ Bijaipur, District- Gopalganj, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indrajeet Bhushan, Adv. For the Opposite Party/s : Mr. Shakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Vijaypur @ Bijaipur P.S. Case No. 52/2015, G.R. No. 1099/15, registered for the offences punishable under Section 363, 366, 366A and 34 of the Indian Penal Code.

The allegation against the petitioner as per the FIR is that informant's daughter Priyanka Kumari, aged 16 years left her house on 18.04.2015 around 5.00 am to answer the call of nature, 3-4 unknown persons forcibly kidnapped her and boarded her in Tempo and went away from there. On hulla when he rushed towards the place, some persons also arrived and informed that Amar Nath Baitha, Sharawan Gond the petitioner, Yugal Kishore

Patna High Court Cr.Misc. No.51383 of 2015 (3) dt.29-01-2016 2/2 Baitha and his wife, forcibly gagged her on an auto-rickshaw and made good their escape.

Learned counsel for the petitioner submits that there is no eye witness of the occurrence and the petitioner has falsely been implicated on mere suspicion in this case. Furthermore, the case diary reveals that the victim girl was having friendship with Amar Nath Baitha with whom she fled away.

Having considered the facts aforesaid and also that there is no eye witness of the occurrence, save for suspicion, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Sri Ashish Mishra, learned Judicial Magistrate Ist Class, Gopalganj, in connection with Vijaypur @ Bijaipur P.S. Case No. 52/2015, G.R. No. 1099/15 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Samarendra Pratap Singh, J.) Vinita/- U T