Sona Lal Choudhari @ Chhedi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56871 of 2018 Arising Out of PS. Case No.-231 Year-2017 Thana- SIMRI District- Buxar ====================================================== Sona Lal Choudhari @ Chhedi, S/o Hridayanand Chaudhary, Resident of VillBarka Rajpur, P.S.- Simari, District- Buxar. ... ... Petitioner/s
Versus
1.The State of Bihar.
2. Jyoti Devi, D/o Shanker Goar, resident of Mauza, Barka Rajpur, P.S. Simari, District, Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Bihari Sinha For the Opposite Party/s :
Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Simari P.S. Case No.231 of 2017 registered for the offence punishable under Sections 363 and 366(A) of the Indian Penal Code.
Informant who is brother of the deceased has alleged that his sister had gone to Bank with her mother for withdrawal of money but, thereafter, she did not return with her mother and he suspected that she has gone with F.I.R. named accused, Sushil Yadav.
It has been submitted on behalf of the petitioner that the petitioner is innocent and he has falsely been implicated in this case. It has been submitted that the petitioner is not named in the F.I.R. and his name has surfaced in the statement of
Patna High Court Cr.Misc. No.56871 of 2018(3) dt.11-12-2018 2/3 victim under Section 164 Cr.P.C. in which she has confessed her marriage with Jitendra Gond in April 2017 as such enticing her for marriage is not true. F.I.R. named accused Sushil Yadav has been granted bail as contained in Annexure 3. Petitioner has no criminal antecedent and he is in custody since 23.01.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM 4, Buxar in connection with Simari P.S. Case No.231 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.56871 of 2018(3) dt.11-12-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T