AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the parties.
The petitioner seeks regular bail in connection with Sugauli
P.S.Case No.184 of 2016, registered for offences punishable under
Sections 363, 365, 366(A), 506 & 34 of the Indian Penal Code.
Allegation, as per F.I.R., against the petitioner and other
accused persons is of kidnapping the daughter of the informant,
however, it is submitted on behalf of the petitioner that in the
statement of the victim girl recorded under Section 164 Cr.P.C.
name of the petitioner has not been taken and the other accused
person, who name has been mentioned in the statement of the
victim girl has already been granted bail by this Court vide order
dated 27.2.2017 passed in Cr. Misc. No.3935 of 2017 and the
petitioner is in custody since 28.10.2016.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
circumstances, as stated above, and the fact that the co-accused,
against him there is more serious allegation than the petitioner, has
already been granted bail, as such let the petitioner, above named,
be enlarged on bail on furnishing bail bond of Rs.25,000/-
(Twenty Five Thousand) with two sureties of the like amount each
to the satisfaction of C.J.M., Motihari in connection with Sugauli
P.S.Case No.184 of 2016.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed.