Chandra Kishore Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.30427 of 2017 (3) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30427 of 2017 Arising Out of PS.Case No. -81 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Chandra Kishore Yadav, Son of Vijendra Yadav, resident of VillageMaujurwa, Ward No. 1, P.S. Triveniganj, District- Supaul. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Amrit Abhijat, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.03.2017 in connection with Triveniganj P.S. Case No. 81 of 2017 for the offences alleged under Sections 365, 366/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and in fact the informant's daughter in her statement under Section 161 Cr. P.C. as recorded by the I.O. has stated that she was married with Santosh Kumar against her wishes. On the morning on 14.03.2017 she met the petitioner and went with him on his motorcycle. She waited in the maize field for the petitioner to return in the evening to live with him. It is therefore submitted that the so-called victim girl had accompanied the petitioner voluntarily. Even in her statement under Section 164 Cr. P.C. recorded after several days, stated that the petitioner did not misbehave with her.

4. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.30427 of 2017 (3) dt.10-08-2017 the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Triveniganj P.S. Case No. 81 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T