Gorwa Das @ Geruwa Das v. The State Of Bihar

Patna High Court Cr.Misc. No.25252 of 2016 (4) dt.09-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25252 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -AWADPUR District- KATIHAR ====================================================== Gorwa Das @ Geruwa Das S/o Kantu Das, R/o Vill- Shanpur, P.S.- Ithar, Distt- Uttar Dinajpur (W.B.) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party : Mr. Sri Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Abadpur P.S.Case No.19 of 2016 registered for an offence under Sections 363 and 366/34 of the IPC.

The prosecution case, in brief, is that on 28.01.2016 when the daughter of the informant had gone to the tailor for sewing but she did not return till evening and on search that all the accused persons have abducted his daughter and taken away. Learned counsel for the petitioner submits that the petitioner is in custody since 23.03.2016. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the case. Petitioner has got no criminal

Patna High Court Cr.Misc. No.25252 of 2016 (4) dt.09-08-2016 antecedent. Petitioner has been named in the FIR merely on the basis of suspicion. Subsequently, the statement of the tailor, where the victim is alleged to had gone, is recorded in para-9 of the case diary wherein the said witness has stated that the victim had come with the petitioner and introduced the petitioner to be her brother. The victim in her statement under Section 164 of the Cr.P.C. has not alleged about any physical abuse.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 Shri M.K.Jha, Judicial Magistrate, Ist Class, Katihar in connection with Abadpur P.S.Case No.19 of 2016.

(Sudhir Singh, J) B.Kr./- U T