Chotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31350 of 2017 Arising Out of PS.Case No. -347 Year- 2014 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Chotu Kumar Son of Late Naresh Das, Resident of Village- Kalwara, Police Station, Rosera, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 22.05.2017 in connection with Rosera P.S. Case No. 347/14 (G.R. No. 1212/14) for offences punishable under Sections 366-A/34 of the Indian Penal Code.

The prosecution case, as lodged by the victim's mother, is that her daughter had gone for natural call on 09.11.2014 and thereafter did not return. She alleged that her daughter has been kidnapped by the petitioner and his other family members.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.31350 of 2017 (2) dt.11-07-2017 2/3 the petitioner that the victim girl in her statement under Section 164 Cr.P.C. has not alleged any overt act against the petitioner and that the informant and the victim girl has also compromised the matter with the petitioner. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence and that the petitioner has no criminal antecedent. However, learned APP for the State, opposes the prayer for bail.

Be that as it may, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Rosera at Samastipur in connection with Rosera P.S. Case No. 347/14 (G.R. No. 1212/14), subject to the condition that one of the bailors would be a close relative of the petitioner, who would have sufficient immovable property within the jurisdiction of the concerned police station, who will file affidavit stating his relationship with the petitioner and that the petitioner will appear before the learned court below on each and every date during trial and failure to appear on three consecutive

Patna High Court Cr.Misc. No.31350 of 2017 (2) dt.11-07-2017 3/3 dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T