Nawlesh Kumar Rai @ Netaji @ Nawlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85001 of 2019 Arising Out of PS. Case No.-189 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Nawlesh Kumar Rai @ Netaji @ Nawlesh Kumar, aged about 20 years, Male, S/o Shambhu Ray, R/o village- Kadhan Ward No. 10, P.S.- Keshariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

Informant has alleged in his written complaint that his daughter had gone to school on 02.08.2018 but thereafter she did not return and it is alleged that petitioner had kidnapped his daughter.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.85001 of 2019(2) dt.07-01-2020 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case. The statement of the victim girl has been recorded under Section 164 Cr.P.C. in which she has stated that his brother used to brutally assault her and as such she fled from her house and went to the house of petitioner and thereafter both solemnized marriage and she is residing with her in-laws. Petitioner is in custody since 21.10.2019 having no criminal antecedent.

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/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champarna in connection with Chakiya P.S. Case No. 189 of 2018, subject to 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 represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court CR. MISC. No.85001 of 2019(2) dt.07-01-2020 3/3 be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T