Rajesh Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51339 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- PALASI District- Araria ====================================================== RAJESH SADA, aged about 35 years (M), Son of Baijnath Sada @ Vaidhyanath Rishidev, Resident of Village- Lakarkatta, Police Station- Palasi, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366A, 364 and 365 of the Indian Penal Code.

Informant is the father of the victim girl who has stated in his written complaint that on 30.05.2019 at 2.30 p.m. while he along with his wife was in agricultural field, F.I.R. named accused forcibly took her daughter on four-wheeler. Allegation against the petitioner is that he also helped in kidnapping of his daughter.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.51339 of 2019(3) dt.01-10-2019 2/3 he has been falsely implicated in this case. The girl had gone with co-accused out of her own will and volition and since thereafter they have not returned. The incident took place on 30.05.2019 and F.I.R. was instituted on 09.06.2019. Petitioner has got no criminal antecedent and is in custody since 10.06.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Palasi P.S. Case No. 187 of 2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of

Patna High Court CR. MISC. No.51339 of 2019(3) dt.01-10-2019 3/3 bail of the petitioner.

(S. Kumar, J) Sanjay/- U T