Raja Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45159 of 2018 Arising Out of PS.Case No. -824 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================

1. Raja Ram Yadav S/o Sakun Yadav, R/o Vill.- Parasbanti , P.S.- Salkhua, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Saharsa Sadar P.S.Case No.824 of 2017 , registered for offences punishable under Sections 363, 365 and 34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of the son of the informant.

Submission of the learned counsel for the petitioner is that though he is named in the FIR and the statement recorded under Section 164 Cr.P.C. but the materials have come during the investigation that a Title Suit is going on between the parties and for that the present false and concocted case has been lodged. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.45159 of 2018 (3) dt.24-08-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released 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 the learned CJM, Saharsa in connection with Saharsa Sadar P.S.Case No.824 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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 investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T