Balwant Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.35970 of 2017 (2) dt.09-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35970 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -NATWAR District- SASARAM (ROHTAS) ======================================================

1. Balwant Yadav Son of Mundrika Singh Yadav@ Mundrika Singh @ Mannika Yadav, R/o Village- Ahrawn, P.S.- Natwar, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2017 The petitioner seeks regular bail in connection with Natwar P.S. Case No. 01 of 2017, registered for offences punishable under Section 366(A)/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor girl of the informant.

It has been submitted on behalf of the petitioner that girl has been recovered and she has not supported the prosecution version in her statement recorded under Section 164 Cr.P.C as she has stated that she has married with the petitioner. Further petitioner has been in judicial custody for last three and half months.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case and also in view of the statement of the girl recorded under Section 164 Cr.P.C., let the petitioner above

Patna High Court Cr.Misc. No.35970 of 2017 (2) dt.09-08-2017 named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Bikramganj (Rohtas) in connection with Natwar P.S. Case No. 01 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T