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Patna High CourtCR. MISC./78001/2019bail granted

Chhotu Ravidas @ Chhotu Ravi Das v. The State Of Bihar

2019-12-13Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78001 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== CHHOTU RAVIDAS @ CHHOTU RAVI DAS Son of Late Kailu Ravidas @ Kailash Ravi Das Resident of Village - Lal Bag, P.S.- Shekhpura, DistrictShekhpura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Deepnagar P.S. Case No. 80 of 2019 registered for the offence punishable under Sections 366A, 372, 120B of the Indian Penal Code.

Informant who is the father of victim has lodged a complaint case in the court of learned Chief Judicial Magistrate, Nalanda which was referred to the police for investigation under Section 156(3) Cr.P.C. pursuant to which the present FIR was instituted.

Informant has alleged that his daughter had gone to coaching but she did not return. He started searching for his

Patna High Court CR. MISC. No.78001 of 2019(3) dt.13-12-2019 2/3 daughter. Thereafter he suspected that the petitioner and other co-accused have kidnapped his daughter. It is stated that coaccused Dharmendra Ravidas used to tease his daughter and for this reason, he has sent his daughter to his Nanihal for study but he came to know that petitioner and other co-accused kidnapped and concealed his daughter.

It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. From the FIR itself it is apparent that there is no allegation against the petitioner rather allegation of overt act is against Dharmendra Ravidas. Learned counsel for the petitioner has produced a copy of statement of victim girl recorded under Section 164 Cr.P.C. in which she has categorically stated that she had left the house out of her own sweet will and got married with Dharmendra Ravidas. Petitioner has no criminal antecedent and is in custody since 05.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Deepnagar P.S. Case No. 80 of 2019 subject to the conditions that:-

Patna High Court CR. MISC. No.78001 of 2019(3) dt.13-12-2019 3/3

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T