Sribhagwan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52592 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sribhagwan Sahani, S/o Late Ramlal Sahani, Resident of Village- Jalaha, P.S.- Sangrampur, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The petitioner seeks regular bail in connection with Sangrampur P.S. Case No. 115 of 2017, registered for offences punishable under Sections 363, 366-A/34 of the Indian Penal Code.

Prosecution case is that co-accused of this case, who is son of the petitioner kidnapped the daughter of the informant and when informant went to the house petitioner to enquire about the same, he abused the informant.

It has been submitted on behalf of the petitioner that petitioner happens to be father of the co-accused of this case against whom it is alleged that he kidnapped the daughter of the informant and there is no allegation against him of kidnapping the girl. Further he has been in judicial custody for last four months.

Learned APP as well as learned counsel for the informant opposed the prayer for bail on the ground that the petitioner is not cooperating with the police.

Having heard both sides, in view of the above facts, let 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 1st Additional Sessions Judge cum Special Judge, POCSO, East Champaran at Motihari, in connection with Sangrampur P.S. Case No. 115 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 as well as by the police 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