Patna High CourtCR. MISC./687/2018bail granted

Yogesh Bind v. The State Of Bihar

2018-01-31Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.687 of 2018 Arising Out of PS.Case No. -170 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Yogesh Bind, son of Bali Bind @ Surya Bali Bind, resident of VillageMathachak, Police Station- Kudra, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kudra P.S. Case No. 170 of 2017 registered under Section 366A/34 of the Indian Penal Code.

As per the prosecution case, the minor daughter of the informant is said to have been kidnapped by Dharmraj Bind in association of his accomplices including the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The main allegation of kidnapping the victim is against Dharmraj Bind and the only allegation against the petitioner is to facilitate him in his aforesaid misdeeds along with others. The aforesaid allegation

Patna High Court Cr.Misc. No.687 of 2018 (03) dt.31-01-2018 - 2 - is not specific rather general and omnibus in nature. It is also submitted that the victim is habitual in running from her house and earlier she had also fled away from her house and went to police station from where her father had taken her back. The victim in her statement under Section 164 Cr.P.C. has not alleged any torture or sexual assault against her. Petitioner has no criminal antecedent. He has been languishing in custody since 09.11.2017. Dharmraj Bind @ Dhanraj Bind has been enlarged on bail by a coordinate bench of this court in Cr. Misc. No. 60848 of 2017 vide order dated 16.01.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Kaimur at Bhabua in connection with Kudra P.S. Case No.170 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T