CR. MISC./31999/2014 of Raju Kumar Vs The State Of Bihar on 24 December 2014

IN THE HIGH COURT OF JUDICATURE AT PATNACriminal Miscellaneous No.31999 of 2014

Arising Out of PS.Case No. -57 Year- 2014 Thana -GAURICHAK District- PATNA

====================================================== Raju Kumar son of Mahesh Kewat, R/o Alahbashpur, P.S.- Gaurichak, District- Patna

.... .... Petitioner/s Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :For the Petitioner/s : Mr. Satrudhan Kumar For the Opposite Party/s : Mr. Manish Kr.No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMAORAL ORDER

.... .... Opposite Party/s

3 24-12-2014 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Gaurichak P.S. Case No. 57 of 2014 registered for the offences punishable under Sections 448, 354 of the Indian Penal Code and Sections 3(xi) (xii) of the SC/ST (Prevention of Atrocities) Act.

Allegedly on 12.3.2014 at about 10.30 pm the informant was sleeping with his wife and daughter and in the mean time his wife told that her daughter was not there. When the informant and his wife went out then saw the petitioner fleeing away lifting his daughter Daulati Kumari. On alarm being raised by the informant, the petitioner tried to flee away but was caught with the help of co-villagers. The petitioner was produced before the Police along with his mobile which was left in the house of the avin/- U

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informant.

Submission at the bar for release of the petitioner is that only with a view to put pressure this false case was lodged. No offence under the provisions of SC/ST Act is made out. Moreover, the case has been compromised and a compromise petition has also been filed to which the learned APP opposes.

In the facts and circumstances stated above, considering the fact that good feelings have been restored between the parties and further considering the period of detention since 13.3.2014, the petitioner Raju Kumar is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sanjay Kumar No. 4, J. M. Ist Class, Patna City in connection with Gaurichak P.S. Case No. 57 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J)