Rambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2466 of 2016 Arising Out of PS.Case No. -86 Year- 2004 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rambhu Yadav son of Suryabali Yadav resident of Village - Kailashnagar, P.S. - Bagaha, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Anil Kumar Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 364-A of the I.P.C The petitioner is not named in the FIR wherein there is allegation for kidnapping of Atul Babu. During investigation in restatement the informant has taken the name of the petitioner and further the victim also stated the name of the petitioner. Submission is of false implication and that after much delay the informant and the victim had taken the name of the petitioner, the victim just after his release has not taken the name of the petitioner, the petitioner has voluntarily surrendered in

Patna High Court Cr.Misc. No.2466 of 2016 (3) dt.26-04-2016 2/2 response to the rehabilitation scheme of the State Government, the petitioner has been remanded in this case on 29.01.2014 and since then he is in custody and as such he deserves sympathetic consideration, in other cases also the petitioner has been allowed bail.

The learned A.P.P. submits that the petitioner remained absconding since long.

In the facts and circumstances as stated above, the petitioner is directed to 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 A.C.J.M. Bagaha, West Champaran in Laukaria P.S. Case No. 86 of 2004, 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) Abhay/- U T