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Patna High Court - Orders

Sunil Poddar vs The State Of Bihar on 18 July, 2018

Author: Ashutosh Kumar

Bench: Ashutosh Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.30245 of 2018
                        Arising Out of PS. Case No.-327 Year-2017 Thana- SUPAUL District- Supaul
                 ======================================================
                 Sunil Poddar, Son of Shri Gulabchand Poddar, Resident of village- Amaha,
                 P.S.+District- Supaul.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amrit Abhijat
                 For the Opposite Party/s :        Mr. Sri Arun Kumar Singh -5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                       ORAL ORDER

4   18-07-2018

The prayer for bail of the petitioner was earlier rejected by order dated 05.01.2018.

The petitioner is facing trial in Supaul P.S. Case No. 327 of 2017 dated 13.06.2017 instituted for the offences punishable under Sections 366A and 363/34 of the Indian Penal Code.

The allegation against the petitioner in the F.I.R. is of having abducted / kidnapped the victim, a minor girl, for the purposes of marrying her. The victim has also made a statement under Section 164 supporting the allegation leveled in the FIR. However, during trial, mother of the informant and other relatives, who have deposed before the trial court, have not supported the prosecution version and have been declared hostile. This Court has also been informed that the victim did Patna High Court Cr.Misc. No.30245 of 2018(4) dt.18-07-2018 2/2 not identify the petitioner in the dock. Almost all the witnesses by now have been examined and the case is pending for examination of the IO only.

The petitioner is in custody since 16.07.2017. Regard being had to the aforesaid facts, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Supaul in connection with Sessions Trial No. 27 of 2018, arising out of Supaul P.S. Case No. 327 of 2017.

The petitioner shall participate in the trial till its conclusion and shall not absent himself on any date without any plausible reason. Should he do so, it will be open to the trial court to proceed for cancellation of his bail.

(Ashutosh Kumar, J) skm/-

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