Patna High CourtCR. MISC./12650/2015bail granted

Manoj Yadav @ Manoj Kumar @ Manoj Yadav v. The State Of Bihar

2015-06-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12650 of 2015 Arising Out of PS.Case No. -235 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Manoj Yadav @ Manoj Kumar @ Manoj Yadav Son of Devi Lal Rai @ Devi Rai Resident of village - Atmuhan, Police Station - Jharaukhar, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-06-2015 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 27.09.2014 in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code. It is alleged that the informant's married daughter was abducted by the petitioner for marriage. In 164 Cr.P.C. statement the victim stated that she went with the petitioner to Delhi on promise of marriage. The petitioner after keeping her two months brought her near the village home and left thereafter she married with Manoj Kumar.

It is submitted by the learned counsel for the petitioner that 164 Cr.P.C. statement suggests that the victim

Patna High Court Cr.Misc. No.12650 of 2015 (3) dt.29-06-2015 was not abducted, rather she went to the company of the petitioner of her own as she wanted to marry with the petitioner instead of she being already married. It is further submitted that medical opinion does not suggests commission of rape. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the inconsistent statement of the victim and the statement made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner, 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 Judicial Magistrate, Ist Class, Sikrahana at Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 235 of 2014.

(Dinesh Kumar Singh, J) P.K./- U T