Shivji Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81420 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Shivji Sah Son Of Late Mistri Sah R/O Village- Dharva, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Laxmipur P.S. Case No.103 of 2023, lodged on 12.03.2023, under Sections 366A/504/506/34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against the petitioner alleging therein that they have kidnapped the informant's daughter and any awkward event may be caused by them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that victim has been recovered and upon recovery she has narrated her statement in which she has disclosed that she herself eloped with the son of the petitioner. Petitioner is the

Patna High Court CR. MISC. No.81420 of 2023(3) dt.05-03-2024 2/3 father of the accused with whom the victim eloped. Counsel submits that the petitioner is in custody since 13.06.2023 having no criminal antecedent. Counsel submits that charge sheet has been filed in this case.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jamui, in connection with Laxmipur P.S. Case No. 103 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.81420 of 2023(3) dt.05-03-2024 3/3 (iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T