Patna High CourtCR. MISC./24851/2018bail granted

Shankar Das v. The State Of Bihar

2018-05-24Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24851 of 2018 Arising Out of PS.Case No. -213 Year- 2017 Thana -DHURAIYA District- BANKA ====================================================== Shankar Das, Son of Late Etwari Das, Resident of Village-Bidaydih, P.S.- Banka, District-Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagjit Roshan, Advocate For the Opposite Party/s : Mr. Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 366 (A) of the Indian Penal Code.

It is submitted by the petitioner's counsel that falsity of the allegation is evident from the fact that though the daughter of the informant was missing from 24.09.2017 the FIR has been lodged on 16.10.2017. It is also submitted that the victim in her statement under Section 164 Cr.P.C has not supported the allegation and said that she has performed marriage with the petitioner and wants to live with him. The petitioner has no criminal antecedent and is in jail custody since 31.01.2018.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be

Patna High Court Cr.Misc. No.24851 of 2018 (3) dt.24-05-2018 2/2 released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate- IV, Banka in Dhoraiya P.S. Case No. 213 of 2017 / G.R. No. 3374 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T