Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45628 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== SURENDRA PRASAD Son of Jodha Prasad Resident of Village - Pyarepur, P.S.- Baikunthpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-05-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Baikunthpur P.S. Case No. 78 of 2022, registered for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused persons had kidnapped the minor daughter of the informant.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.45628 of 2022(5) dt.02-05-2023 2/3 that as a matter of fact there was love and affection between son of the petitioner (Guddu Prasad) and the victim girl. The petitioner being the father of the main accused Guddu Prasad has falsely been implicated. He is under custody since 29.05.2022 and he is a person of clean antecedent. On the other hand, the learned APP Shri J.N. Thakur has opposed the prayer for bail.

Considering the clean antecedent and period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 78 of 2022 , subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Patna High Court CR. MISC. No.45628 of 2022(5) dt.02-05-2023 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned herein above, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Sudha/- U T