Dukhit Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14083 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dukhit Das, S/o Chitwan Das, R/o Village- Bishanpur, P.S. Kotwa, District East Champaran, Motihari .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kotwa (Bhopatpur) Police Station Case No. 45 of 2015, disclosing offences under Sections 363, 366A, 372, 387, 120B/34 of the Indian Penal Code and Section 16 of the Protection of Children from Sexual Offence Act, 2012. Learned Counsel for the petitioner has submitted that his implication is based on suspicion. He further submits that no material has been collected in course of investigation sufficient for connecting the present petitioner with the offence alleged. He has contended that the Superintendent of Police, Motihari, upon supervising the case has found it to be true against accused Raju Kumar only and not against other persons. The D.I.G., Bettiah,

Patna High Court Cr.Misc. No.14083 of 2016 (2) dt.18-04-2016 2/2 however, has held the case true against all the accused persons until recovery of the victim girl. He submits that there is no direct or indirect allegation against the present petitioner in commission of offence, in question. Considering the submission, as above, this application is allowed.

Let the petitioner, Dukhit Das, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, in connection with Kotwa (Bhopatpur) Police Station Case No. 45 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √ T √