Dinesh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6658 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -KHODABANDPUR District- BEGUSARAI ====================================================== Dinesh Das, son of Shree Rajo Das, resident of Village-Bhoja, P.S.- Khodawandpur, District-Begusarai(Bihar) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mira Kumari For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Khodawandpur P.S. Case No. 106 of 2016 instituted for the offence under Section (s) 364, 366(A), 34 of the Indian Penal Code.
It is alleged that petitioner and other accused persons have kidnapped the niece of the informant who was aged about 13 years.
It has been submitted on behalf of the petitioner that the victim girl has been recovered and she gave her statement under Section 164 Cr.P.C annexed as Annexure-2 of the petition wherein she has levelled general and omnibus allegation against this petitioner.
Patna High Court Cr.Misc. No.6658 of 2017 (3) dt.06-04-2017 2/2 It has been mentioned in para 3 of the petition that petitioner has no criminal antecedent.
In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Khodawandpur P.S. Case No. 106 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Manjhaul, Begusarai, subject to the conditions as laid down under Section 438(2) of Cr.P.C with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) Shageer/- U T