Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5911 of 2024 Arising Out of PS. Case No.-126 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Saurav Kumar S/o- Ranjeet Paswan R/o- Village - Peer Nagar, P.S.- Naokhothi, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Naokothi P.S. Case No.126 of 2022, lodged on 01.09.2022, under Sections 366A/504/506/509/34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner against whom the allegation is that the accused persons have kidnapped the daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the alleged victim has been recovered and from the rejection order of the Sessions Court it clearly indicates that
Patna High Court CR. MISC. No.5911 of 2024(3) dt.09-04-2024 2/3 upon recovery she has recorded her statement under Sections 161 and 164 Cr.P.C. in which he has completely denied the factum of kidnapping and it has also come that they have entered into marriage with each other. Counsel submits that antecedent of the petitioner is clean and he is in custody since 13.09.2023. Counsel submits that charge sheet has already been filed against the petitioner.
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 Ms. Kanchan Rani, learned Judicial Magistrate, 1st Class, Begusarai, in connection with Naokothi P.S. Case No. 126 of 2022, 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
Patna High Court CR. MISC. No.5911 of 2024(3) dt.09-04-2024 3/3 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;
(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