Tara Kumar @ Taranand Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77624 of 2018 Arising Out of PS. Case No.-611 Year-2016 Thana- FORBESGANJ District- Araria ====================================================== Tara Kumar @ Taranand Sah s/o Yogendra Sah @ Yogendra Shah, R/o Vill.- Choura Parwaha, Ward No. 14, P.S.- Forbesganj, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Forbesganj P.S. Case No. 611 of 2016 registered for the offence punishable under Section 366(A)/34 of the Indian Penal Code.

Informant is the father of victim, who in his written complaint has stated that his daughter Rekha Kumari had gone to fill up her form of Intermediate at Debaraha Baba College but thereafter did not return and he came to know that all FIR named accused including petitioner had also gone there and they also did not return in the night. Next day informant saw the accused persons coming and when he and other villagers asked them about the victim then they disclosed that they took away

Patna High Court Cr.Misc. No.77624 of 2018(3) dt.22-01-2019 2/3 victim to Bathnaha and thereafter to Purnea and after leaving her at Purnea they returned back.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that the girl has been recovered and in her statement under 164 Cr.P.C. she has alleged specific allegation against Munni Devi of having taken her to Delhi. She forced the victim for flesh trade. It has been further submitted that there is no specific allegation against petitioner in the statement of victim recorded under 164 Cr.P.C. Only suspicion has been raised by the informant against petitioner. Similarly placed co-accused Krishna Kumar has been granted bail as contained in Annexure-2. Petitioner has no criminal antecedent and he is in custody since 02.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 611 of 2016 subject to the conditions that:-

(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

Patna High Court Cr.Misc. No.77624 of 2018(3) dt.22-01-2019 3/3 shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T