Dayanand Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1262 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Dayanand Choudhary s/o Chamru Choudhary r/o Village- Samsa P.S Nawkothi, District Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Jha For the Opposite Party/s :
Mr.Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-03-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 366A/34 of the Indian Penal Code. Informant is the mother of victim who in her written complaint has alleged that on 01.09.2018 at about 11:00 pm her daughter Neha Kumari went missing and she has raised suspicion against two accused Dayanand Choudhary (petitioner) and Subodh Kumar Choudhary who have enticed away her daughter for the purpose of marriage. She has also given the mobile number of her daughter and other accused. It has been further stated that from said mobile Informant is being abused and threatened and she has also received message from the
Patna High Court CR. MISC. No.1262 of 2019(3) dt.26-03-2019 2/3 mobile as disclosed in FIR.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. It has come in the order of Sessions Judge that coaccused Subodh Kumar from his mobile has abused and threatened the Informant. Petitioner has enclosed Aadhar Card of victim according to which she is major and has eloped with co-accused Subodh Kumar Choudhary and there is nothing against this petitioner. Petitioner has got no criminal antecedent and is in custody since 19.09.2018.
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/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Begusarai, in connection with Nawkothi P.S. Case No. 93 of 2018, with following conditions:- (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 shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
Patna High Court CR. MISC. No.1262 of 2019(3) dt.26-03-2019 3/3
(3) If the 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. (S. Kumar, J) ranjan/- U