Sudhir Dangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75615 of 2018 Arising Out of PS. Case No.-213 Year-2018 Thana- TEKARI District- Gaya ====================================================== Sudhir Dangi, Son of Suresh Dangi, Resident of Village- Lav, P.S.- Tekari, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Tekari P.S. Case No. 213 of 2018 registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

Informant is the father of victim, who in his written complaint has stated that his minor daughter Puja Kumari had gone for tuition but thereafter did not return and even after much search she could not be located and he came to know that she used to talk with petitioner and co-accused Manish Dangi on mobile and he suspects that both of them have enticed away his daughter. The girl has been recovered and in her statement under

Patna High Court Cr.Misc. No.75615 of 2018(2) dt.18-12-2018 2/3 164 of Cr.P.C. she has stated that she resided with petitioner for 10 days and when he was informed about this case he dropped him at her residence. She has further stated that petitioner is her neighbour and had forcibly taken her.

It has been submitted on behalf of the petitioner that petitioner is innocent and the victim had accompanied with her own sweet will and volition as there was love affair between them and there is no allegation of any sexual assault committed by petitioner. Petitioner has no criminal antecedent and he is in custody since 19.07.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Gaya, in connection with Tekari P.S. Case No. 213 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court Cr.Misc. No.75615 of 2018(2) dt.18-12-2018 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T