Patna High CourtCR. MISC./48574/2015bail granted

Fool Chand Yadav v. The State Of Bihar

2015-11-02Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.48574 of 2015 (2) dt.02-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48574 of 2015 Arising Out of PS.Case No. -95 Year- 2013 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Fool Chand Yadav Son of Late Jiten Yadav Resident of village - Khutia, P.S. Baisi, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner as well as learned APP for the State.

On account of disappearance of victim, Dipa Kumari Thakur aged about 13 years since after her departure to her school on 30.08.2013, the informant, her father filed a written report on 03.09.2013 wherein he had shown suspicion against the petitioner to have enticed her away.

The victim in her statement under Section 164 Cr.P.C. has alleged that she was forcibly taken away by the petitioner who kept her for three days and further offered to marry as well as had also threaten of dire consequences. In the said statement, she had also disclosed that she was not subjected to any sort of physical exploitation.

Petitioner happens to be under custody since

Patna High Court Cr.Misc. No.48574 of 2015 (2) dt.02-11-2015 07.08.2015 having no criminal antecedents as has been disclosed under para-3 of the petition. Accordingly, petitioner, Fool Chand Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Balrampur PS Case No. 95 of 2013 subject to the condition that till examination of the victim, he will not permit himself to be in or around the victim having any sort of coercion, threat, allurement and in case so complained, then in that event, the learned lower court will be at liberty to cancel bail bond. (Aditya Kumar Trivedi, J) perwez U T