Upendra Mushar v. The State Of Bihar

Patna High Court Cr.Misc. No.51621 of 2018 (2) dt.04-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51621 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Upendra Mushar S/o Tetar Mushar R/o Village- Dholbajawa, P.S. Semara (Chiutaha) District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Semara (Chiutaha) P.S. Case No. 76/2018, registered for the offences punishable under Sections 366(A), 323 and 504 of the Indian Penal Code. It is alleged that petitioner with the help of his parents kidnapped the sister of informant for marriage. It has been submitted that petitioner has falsely been implicated in this case. Informant's sister was having love affair with the petitioner. She herself left her house and went along with the petitioner for marriage. The doctor has assessed her age between 19 to 21 years. She is major. In her statement before police under Section 161 and under Section 164 before Magistrate she has stated that she had gone with petitioner as per her own choice and will.

Patna High Court Cr.Misc. No.51621 of 2018 (2) dt.04-10-2018 Petitioner has no criminal antecedent. He is in custody since. 01.06.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Bagaha, West Champaran in connection with Semara (Chiutaha) P.S. Case No. 76/2018, subject to the 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(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) Vinita/- U T