Rajiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65898 of 2019 Arising Out of PS. Case No.-219 Year-2019 Thana- SITAMARHI DistrictSitamarhi ====================================================== RAJIV KUMAR Son of Ramnath Sah @ Baidhnath Mahto R/o VillageNoniya Tola, P.S. and District- Sitamarhi. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ashok Kumar Jha, Advocate.
For the Opposite Party:
Mr. Ramchandra Sahni, 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 366A/34 of the Indian Penal Code registered in connection with Sitamarhi P.S. Case No. 219 of 2019.
3. It is submitted that the petitioner has been falsely implicated in connection with alleged kidnapping of the informant's minor daughter. It is submitted however that the informant's daughter is a major and has voluntarily eloped with the petitioner. She has appeared before the learned Chief Judicial Magistrate, Sitamarhi and stated that she had not been abducted rather she had left her house voluntarily. The petitioner claims clean antecedents.
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 provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount
Patna High Court CR. MISC. No.65898 of 2019(2) dt.04-11-2019 2/2 each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 219 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That the petitioner shall ensure production of the informant's daughter along with her proof of age. (ii) That one of the bailors shall be a close relative of the petitioner.
(iii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iv) 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. (v) 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.
5. The provisional bail granted to the petitioner shall be confirmed by the learned Court below if the petitioner produces the informant's daughter before the learned Court below within a further period of four weeks after furnishing bail bond; conversely, his bail bond shall stand automatically cancelled.
(Vikash Jain, J) Ibrar//- U T