Shri Niwash Chaudhary @ Shri Niwas Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65925 of 2019 Arising Out of PS. Case No.-81 Year-2017 Thana- SIMRA District- West Champaran ====================================================== SHRI NIWASH CHAUDHARY @ SHRI NIWAS CHAUDHARY Son of Chandradev Chaudhary @ Chanardev Chaudhary Resident of Village - Sauraha, P.S.- Semra, Distt.- West Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Arvind Kumar, Advocate.
For the Opposite Party:
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 366(A)/34 of the Indian Penal Code registered in connection with Trial No. 3508 of 2019 arising out of Semra P.S. Case No. 81 of 2017.
3. It is submitted that the petitioner has been falsely implicated in a complaint-based F.I.R. in connection with alleged kidnapping of the minor daughter of the informant. It is submitted that the informant's daughter is a major and has voluntarily solemnized marriage with co-accused Saheb Yadav. The petitioner is merely a co-villager. Similarly situated coaccused Laxmina Devi and Beyash Yadav have been granted anticipatory bail by this Court in Cr. Misc. No. 62967 of 2019. A statement has been made in para 5 of the petition that no allegation has been made by the informant's daughter in her deposition recorded under Section 164 Cr. P.C. The age of the
Patna High Court CR. MISC. No.65925 of 2019(2) dt.04-11-2019 2/2 informant's daughter has been opined as 17-18 years in the medical report (Annexure-2). The petitioner is accused in one prior case of different nature.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Sonu Kumar, learned Judicial Magistrate 1st Class, Bagaha, (West Champaran), in connection with Trial No. 3508 of 2019 arising out of Semra P.S. Case No. 81 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar//- U T