Yogendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46444 of 2017 Arising Out of PS.Case No. -242 Year- 2010 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Yogendra Chaudhary Son of Rohan Chaudhary Resident of VillageGandhar, P.S. Ghoshi, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sharma For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Hilsa P.S.Case No.242 of 2010 registered for offences punishable under Sections 363, 364, 367 and 34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that her statement under Section 164 Cr.P.C. itself shows that she has love affair with one Ladla Mian and she had gone along with him and other accused persons. There is no allegation of committing rape. Further submission is that final form has been submitted in this case and differing with the opinion, the cognizance has been taken. The petitioner is in custody for about two months.

Patna High Court Cr.Misc. No.46444 of 2017 (2) dt.20-09-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa, Nalanda in connection with Hilsa P.S.Case No.242 of 2010.

With 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 co-operate 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U