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Patna High CourtCR. MISC./16761/2018bail granted

Dilip Chaudhary @ Rinku Kr. Yadav v. The State Of Bihar

2018-06-19Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16761 of 2018 Arising Out of PS.Case No. -202 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Dilip Chaudhary @ Rinku Kr. Yadav Son of Hari Shanker Yadav Resident of Village- Karmaini Muhabbat, Police Station- Kuchaikote, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2018 The petitioner is apprehending his arrest in connection with Kuchaikote P.S. Case No. 202 of 2016, registered for offences punishable under Sections 366A of the Indian Penal Code.

Allegation against the petitioner is kidnapping the daughter of the informant and committing rape on her. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case, which will appear from para 32 and 33 of the case diary, in which it has been mentioned that the girl has been recovered from her 'Nanihal' and further there is contradiction in the statement of the alleged victim girl. It has also been submitted that the petitoner is the Pattidar of the informant and there is land dispute between the parties and only

Patna High Court Cr.Misc. No.16761 of 2018 (4) dt.19-06-2018 2/3 with a view to pressurize the petitioner, he himself concealed the girl and filed the present false case.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj, in connection with Kuchaikote P.S. Case No. 202 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without

Patna High Court Cr.Misc. No.16761 of 2018 (4) dt.19-06-2018 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T