Patna High CourtCR. MISC./54042/2017bail granted

Lalan Chauhan @ Ravi Kumar v. The State Of Bihar

2017-11-14Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54042 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -NAWADA MUFFASIL District- NAWADA ====================================================== Lalan Chauhan @ Ravi Kumar son of Bhednarayan Chauhan, resident of Village- Barhibigha, Police Station- Muffasil, District- Nawada. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Nawada Muffasil P.S. Case No. 108 of 2017 registered under Section 363 of the Indian Penal Code.

As per the prosecution case, the minor daughter of the informant has been kidnapped by some unknown miscreants and in her statement under Section 164 Cr.P.C. the victim has named the petitioner as one of the miscreants. It is submitted by learned counsel for the petitioner that the victim in her statement under Section 164 Cr.P.C. has given contradictory statements regarding the involvement of miscreants in the occurrence. There is no cogent and reliable evidence against the petitioner. Lastly, it is submitted by learned

Patna High Court Cr.Misc. No.54042 of 2017 (02) dt.14-11-2017 - 2 - counsel for the petitioner that the offence under Section 363 of the Indian Penal Code is bailable in nature. The petitioner has been languishing in custody since 07.09.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Muffasil P.S. Case No.108 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T