Nesar Dewan v. The State Of Bihar

Patna High Court Cr.Misc. No.54787 of 2017 (2) dt.17-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54787 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nesar Dewan, S/o Isha Dewan, resident of Village- Manjharia, P.S.- Purushotampur, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma For informant : Mr. Sanjeev Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 The petitioner seeks regular bail in connection with Purushotampur P.S. Case No. 30 of 2017, registered for offences punishable under Sections 364, 363 and 369 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping son of the informant.

It has been submitted on behalf of the petitioner out and out false and fabricated allegation has been levelled by the informant with a view to grab the property of informant. Further the impugned order itself shows that boy has been recovered from the Veranda of the petitioner and it is not there that he has confined the boy to some other place. Further petitioner has been in custody since 24.07.2017.

Learned counsel for the State as well as informant opposed the prayer of bail of the petitioner.

Patna High Court Cr.Misc. No.54787 of 2017 (2) dt.17-11-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -IV, Bettiah, West Champaran, in connection with Purushotampur P.S. Case No. 30 of 2017, subject to the following conditions:- (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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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