Lalbachan Ram @ Lal Babu Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1422 of 2019 Arising Out of PS. Case No.-276 Year-2018 Thana- LAURIA District- West Champaran ======================================================

1. LALBACHAN RAM @ LAL BABU RAM Late Sunama Ram Village - Nawalpur, PS- Nawalpur

2. Kolai Ram Late Vipat Ram Village - Nawalpur, PS- Nawalpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-01-2019 Heard learned counsel for the parties.

Petitioners seeks bail in Lauriya P.S. Case No. 276 of 2018 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

Allegation against the petitioners is of kidnapping the daughter of the Informant for marriage along with FIR named accused.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. The girl in her statement recorded under Section 164 of the Cr.P.C has stated that she was having love affair with Rajan Ram and she had gone to Punjab with him on her own volition and sweet will. The girl has not levelled any allegation against

Patna High Court Cr.Misc. No.1422 of 2019(2) dt.25-01-2019 2/2 the petitioners in her statement under Section 164 of the Cr.P.C. Petitioners have got no criminal antecedent. Petitioner no. 1 is in custody since 19.09.2018 and petitioner no. 2 is in custody since 03.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Bettiah, West Champaran, in connection with Lauriya P.S. Case No. 276 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners 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 petitioners. (S. Kumar, J) ranjan/- U