Bablu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48278 of 2017 Arising Out of PS.Case No. -218 Year- 2017 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Bablu Chauhan, S/o Sri Upendra Chauhan, R/o Village- Raghunathpur, P.S.- Rahui, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjiv Sharan For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-11-2017 The petitioner seeks regular bail in connection with Barbigha P.S. Case No. 218 of 2017, registered for offences punishable under Section 366A of the Indian Penal Code. Allegation against the petitioner is of kidnapping minor daughter of the informant.

It has been submitted on behalf of the petitioner that out and out false and fabricated allegations have been made, which will appear from the statement of girl recorded under Section 164 Cr.P.C. in which she has stated that she had gone with the petitioner out of her own sweet will and had married with the petitioner. He has been in judicial custody since 19.05.2017. Learned counsel for the State opposed the prayer for bail on the ground that the girl is minor.

Having heard both sides, in view of the above facts as well as in view of the statement of girl recorded under Section 164

Patna High Court Cr.Misc. No.48278 of 2017 (3) dt.09-11-2017 2/2 Cr.P.C., let the petitioner above 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 ACJM -II, Sheikhpura, in connection with Barbigha P.S. Case No. 218 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 is free to move for cancellation of his bail.

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