Rajesh Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18665 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ====================================================== Rajesh Pal Son of Bindeshwari Pal, resident of village - Kathoria, P.S. Bihariganj, District - Madhepura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-06-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Murliganj P.S. Case No. 18 of 2017 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code. Allegedly, on 16.01.2017, in the morning, the informant saw that his two daughters are traceless and the door of the house was opened and it is alleged that one Scorpio was roaming near the house and the petitioner was also seen in that Scorpio along with others and two girls. First information report has been lodged on 26.10.2017.

Submission is of false implication and that the first information report has been lodged after delay of 10 days, there is enmity between the petitioner and the informant, from earlier case is going on between the informant and accused side vide

Bihariganj P.S. Case No. 29 of 2017, Dinesh Pal has also filed informatory petition against the informant and others vide Informatory Petition No. 47 of 2017 on 18.01.2017. Bihariganj P.S. Case No. 29 of 2017 has been lodged on 19.01.2017. During investigation also it has come that both the daughters were habitual in fleeing away and earlier also they fled away from the house vide paragraphs No. 7 and 8 of the case diary. The petitioner is suffering in custody since 09.03.2017 and no fruitful purpose is going to be served by detaining the petitioner in further custody.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that both the victims are still traceless out of whom one is minor. The petitioner was seen also in the Scorpio vehicle along with victims. In the facts and circumstances stated above, considering the period of detention and further that there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 18 of 2017, subject to the conditions that one of the bailors must be a

near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T