IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17115 of 2011
Panchdeo Rai, Son of Late Babulal, Resident of Village Bareja Ke Tola, P.S. Daudpur, District
Saran.
---------- Petitioner
Versus
The State Of Bihar.
-------- Opposite Party
-----------
03/- 29/08/2011 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State, who is armed with carbon
copy of the case diary.
The petitioner apprehends his arrest in connection with a
case registered for the offence punishable under Sections 147, 148,
149, 323, 364 and 504 of the Indian Penal Code, is one of the named
accused in this case, instituted on basis of Complaint Case No. 2799
of 2008 filed on 01.09.2008 for the occurrence dated 25.08.2008
(Monday) in the morning at about 8.30 A.M. with allegation of
kidnapping of minor son of the complainant-informant, who herself
has seen the occurrence and forcibly taking out of her son by all the
seven named accused persons.
Submission is that in spite of allegedly being an eye-
witness of the occurrence, no step was taken. Moreover, the victim
roughly after three months has voluntarily appeared and made
statement recorded under Section 164 of the Code of Criminal
Procedure, though said about his kidnapping, but without any other
details. Even in the case diary, there is nothing about his recovery by
the police, which is asserted in his statement. Learned Additional
Public Prosecutor after going through the case dairy up to paragraph
2
nos. 98 dated 17.03.2011 failed to refute any such assertion.
Considering the facts and circumstances of the case, in
the event of his arrest/surrender before the court below within four
weeks, let the above named petitioner be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of Judicial
Magistrate, 1st Class, Chapra, in connection with Daudpur P.S. Case
No. 65 of 2008, subject to condition laid down under Section 438(2)
of the Criminal Procedure Code with additional condition to remain
physically present before the court below on each and every date at
least for two years or till disposal of the case, whichever is earlier, in
case of failure on two consecutive dates, without giving any
reasonable explanation, the liberty granted shall be deemed to be
cancelled.
Praveen/- ( Akhilesh Chandra, J.)