Piyush Kumar @ Piyush Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47607 of 2023 Arising Out of PS. Case No.-321 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== Piyush Kumar @ Piyush Raj Son Of Nagendra Singh @ Nagendra Prasad Resident Of Mohalla- Subhas Nagar, Gali No. 9, Ward No. 14, P.S.- Dehri (TOWN), District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 05.05.2023 in connection with Dehri P.S. Case No. 321 of 2023, F.I.R. dated 03.05.2023 for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.
3. According to prosecution case, petitioner is alleged to have abducted the daughter of the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner is the friend of the brother of the victim. He further
Patna High Court CR. MISC. No.47607 of 2023(3) dt.14-09-2023 2/3 submits that the statement of the victim was recorded under Section 164 of the Cr.P.C., in which she has not supported the prosecution version and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 05.05.2023.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 S.D.J.M. Dehri (Rohtas), in connection with Dehri P.S. Case No. 321 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall
Patna High Court CR. MISC. No.47607 of 2023(3) dt.14-09-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Aditi U T