Guddu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.62866 of 2018 (2) dt.12-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62866 of 2018 Arising Out of PS.Case No. -93 Year- 2016 Thana -GHORASAHAN District- EASTCHAMPARAN (MOTIHARI) ====================================================== Guddu Kumar S/o Late Bharos Sah, resident of Village- Balapur, Police Station- Ghorasahan, District- East Champaran at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyama Kant Singh, Adv. For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Ghorasahan P.S. Case No. 93/2016, registered for the offences punishable under Section 366(A) and 34 of the Indian Penal Code.

Allegation is kidnapping of minor sister of the informant for marriage.

It has been submitted that petitioner has falsely been implicated in this case. The girl is major. Other co-accused have been granted bail vide order dated 22.10.2016 passed in Cr. Misc. No. 30560/2016 and order dated 16.03.2017 passed in Cr. Misc. No. 9408/2017.

Petitioner has no criminal antecedent. He is in custody

Patna High Court Cr.Misc. No.62866 of 2018 (2) dt.12-10-2018 since 11.06.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka in connection with Ghorasahan P.S. Case No. 93/2016., subject to the 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(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) Vinita/- U T