Vishnu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58654 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- AZIMABAD District- Bhojpur ====================================================== Vishnu Kumar Son of Ranjan Rawani @ Ranjan Ram Resident of VillageBankat, P.S. -Agiaon (G), District -Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmesh Kumar Shrivastava, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-11-2024 Heard the parties.
2. The petitioner is in custody in connection with Azimabad P.S. Case No. 46 of 2024 for the offence punishable under sections 365, 366-A, 504, 506 of the Indian Penal Code lodged on 12.05.2024 by the informant, Shri Baleshwar Sharma.
3. As per the prosecution story, the informant found his daughter missing and saw Bolero vehicle taking her away in which both the petitioner and co-villager Pintesh Rawani were present. This led to the FIR.
4. Learned counsel for the petitioner submits that subsequently the victim girl returned, though she made allegation against the petitioner of having taken her away, no wrongdoing has been alleged. Further, the girl refused medical examination.
Patna High Court CR. MISC. No.58654 of 2024(3) dt.21-11-2024 2/3
5. In this case, case diary was called for and the facts narrated by the petitioner stands corroborated in it.
6. Learned APP, on the other hand opposes the prayer for bail submitting that the girl was taken away by the petitioner and other accused persons.
7. Taking into account the aforesaid facts as also that no wrongdoing has been alleged against this petitioner, the girl refused medical examination, he is in custody since 13.05.2024 (para 13 of the petition), do not have criminal antecedent, FIR lodged, shall be facing the trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Ara, Bhojpur in connection with Azimabad P.S. Case No. 46 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.58654 of 2024(3) dt.21-11-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T