Bipin Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53794 of 2023 Arising Out of PS. Case No.-379 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== BIPIN VERMA Son of Sri Pappu Saw @ Pappu Prasad Verma Resident of Village-Amrath @ Amrakh, P.S.-Jamui, District-Jamui, At present residing at Uma Nagar (Housing) Ara, P.S.-Ara Nawada, District-Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahesh Prasad, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-08-2023 Heard the parties.

The petitioner is an accused in connection with Ara Nagar P.S. Case No. 379 of 2023 registered for the offences under sections 366(A) and 34 of the Indian Penal Code lodged on 14.05.2023 by the informant, Vimla Devi.

As per the prosecution story, the minor daughter was abducted by the petitioner and his brothers, the allegation in the FIR is that she also took away jewellery and cash while leaving from home. Accordingly, the FIR.

Subsequently, she returned and her deposition is placed at Annexure 2 in which she has stated that due to scolding by her mother, she went to Ara alongwith this petitioner, was not abducted and when she came to know that

Patna High Court CR. MISC. No.53794 of 2023(2) dt.23-08-2023 2/3 her mother has lodged the FIR, she returned home. Learned Counsel for the petitioner submits that he has been falsely implicated in this case, do not have criminal antecedent and has suffered by being in custody since 16.05.2023 (as stated in paragraph 11 of the bail petition). Learned APP for the State, on the other hand, opposes the prayer for bail.

Considering the facts on record, the submissions put forward by the learned Counsel for the petitioner as also that he is in custody since 16.05.2023 and do not have criminal antecedent, this Court is inclined to extend him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ara in connection with Ara Town P.S. Case No. 379 of 2023, subject to the following conditions-: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail

Patna High Court CR. MISC. No.53794 of 2023(2) dt.23-08-2023 3/3 bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Neha/- U T