Kundan Kumar Chaurasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79996 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== KUNDAN KUMAR CHAURASIA, (M), aged about 20 years, Son of Vinod Chaurasia Resident of Village- Ramgarh, P.S.- Ramgarh, District- Kaimur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366A of the Indian Penal Code. Informant is father of the victim girl who in his written complaint has stated that his minor daughter had gone to school but, thereafter, did not return and it is alleged that petitioner enticed her away.
It has been submitted on behalf of the petitioner that the victim girl was examined by the medical board and at that time she was found pregnant. It has further been submitted that subsequently the matter has been compromised between the parties and informant had accepted the petitioner as his son-inlaw and, thereafter, the victim has delivered a child also.
Patna High Court CR. MISC. No.79996 of 2019(2) dt.09-12-2019 2/2 Petitioner has no criminal antecedent and he is in custody since 27.03.2019.
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 Ramgarh P.S. Case No. 238/2018 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 absence on two consecutive dates without sufficient reason, his 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) Sanjay/- U T