Rajkapoor Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62160 of 2017 Arising Out of PS. Case No.-50 Year-2017 Thana- CHAKAND District- Gaya ====================================================== Rajkapoor Das Son of Satish Das @ Satish Ravidas Resident of villageMaulanagar, P.O.- Maulanagar, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Kumar Jha For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 20.05.2017 in connection with Chakand P.S. Case No. 50 of 2017 for offences punishable under Section 366A of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while his daughter Chandrawati Kumari went to market for Aadhar Card, she did not return. On search, they came to know that the petitioner had taken her away.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and there was love affair between the petitioner and the

Patna High Court Cr.Misc. No.62160 of 2017(3) dt.31-01-2018 2/3 informant's daughter and she eloped with him out of her own sweeetwill, even the medical report suggests her age to be above 19 years and no present sign of intercourse was detected. He further submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Chakand P.S. Case No. 50 of 2017, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) Petitioner will appear before the learned court below during trial as and when required and

Patna High Court Cr.Misc. No.62160 of 2017(3) dt.31-01-2018 3/3 failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T