Bhuteli Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80345 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- HATHUA District- Gopalganj ====================================================== BHUTELI THAKUR Son of Sri Babban Thakur Resident of Village - Repura, P.S.- Hathua, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Pratap Singh For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2020 Heard learned counsel for the parties.
Earlier bail of the petitioner was rejected vide order dated 14.03.2019 in Criminal Miscellaneous No. 80614 of 2018 with liberty to renew his prayer for bail if the trial of the petitioner is not concluded within a period of six months. Petitioner seeks bail in a case registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code.
Informant in her written complaint has alleged that her daughter went to attend Tilak ceremony but thereafter she did not return and she suspected that petitioner enticed her away for the purpose of marriage.
It has been submitted on behalf of the petitioner that the victim girl has been examined as PW-4 before the trial court
Patna High Court CR. MISC. No.80345 of 2019(2) dt.05-02-2020 2/2 in which she has stated that she had gone with the petitioner out of her own volition and sweet will and neither she was kidnapped nor petitioner committed any wrong with her. Petitioner has got no criminal antecedent and is in custody since 16.05.2018.
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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Sessions Trial No. 506 of 2018 arising out of Hathua P.S. Case No. 60 of 2018, with following 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(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) ranjan/- U