Rajan Kumar @ Rajan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80482 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- JOGAPATTI DistrictWest Champaran ====================================================== Rajan Kumar @ Rajan Yadav, son of Chanar Yadav, r/o. Vill. Chaumukha, P.S. Yogapatti, Dist. West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 363, 366(A), 379/34 IPC registered in connection with S.G.R. No. 16 of 2018, arising out of Yogapatti P.S. Case No. 66 of 2018.
3. It is submitted that the petitioner has been falsely implicated and it was a case of love affair between the so-called victim girl and the petitioner. The girl in question has categorically stated in her deposition under Section 164 Cr.P.C. that she had run away and eloped with the petitioner as her parents were proposing to get her married with some other person contrary to her wishes. It has been stated that she has not been abducted or kidnapped by anyone and she has voluntarily left her home and solemnised marriage with the petitioner. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances, 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)
Patna High Court Cr.Misc. No.80482 of 2018(2) dt.17-01-2019 2/2 with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge Ist-cum-Special Judge, Bettiah, District West Champaran in connection with S.G.R. No. 16 of 2018, arising out of Yogapatti P.S. Case No. 66 of 2018, 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 co-operate 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) 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) Chandran/- U T