Anu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23059 of 2018 Arising Out of PS.Case No. -445 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Anu Ram S/o Bishram Ram Resident of Village- Nawada Bandh, Police Station- Gobindganj, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No. 7, Adv For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2018 The petitioner is apprehending his arrest in connection with Majhauliya P.S. Case No. 445 of 2017, registered for offences punishable under Sections 366A/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor girl of the informant.

It has been submitted on behalf of the petitioner that informant is in habit of filing such false cases, which will appear from the fact that earlier also she has filed such type of case in Gobindganj police station, which was withdrawn by her and on that very day the present case has been lodged. It has also been submitted that the girl is major, which is evident from annexure -3, the school leaving certificate of the alleged victim girl. It has also

Patna High Court Cr.Misc. No.23059 of 2018 (3) dt.21-06-2018 2/3 been submitted that in her statement under Section 164 Cr.P.C. she has not stated about the rape.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.- 1st cum Special Judge, Bettiah, West Chapmparan, in connection with Majhauliya P.S. Case No. 445 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without

Patna High Court Cr.Misc. No.23059 of 2018 (3) dt.21-06-2018 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(iii) The petitioner shall not in any way try to threaten the informant and tamper with the evidence.

(Vinod Kumar Sinha, J) sunil/- U T