Patna High CourtCR. MISC./4261/2019bail granted

Dinesh Prasad Gupta v. The State Of Bihar

2019-03-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4261 of 2019 Arising Out of PS. Case No.-22 Year-2018 Thana- BADHAILA District- Rohtas ====================================================== Dinesh Prasad Gupta, aged about 41 years, (Male) Son of Natuni Prasad Gupta @ Nathuni Singh, R/o Village- Kujhi, P.S.- Baghaila, Distt.- Rohtas ... ... Petitioner/s

Versus

The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Bihari Tiwary For the Opposite Party/s :

Mr.Ram Priya Saran Singh For the Informant :

Mr. Chhote Lal Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-03-2019 Supplementary affidavit has been filed on behalf of the petitioner, let it be kept on record.

Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.

The statement of victim has been recorded under Section 164 of Cr.P.C. in which she demolished the prosecution story by saying that she eloped with her boy-friend, namely, Raju Gupta, and remained at Delhi but when she got a call from concerned Police Station, she returned to her home and after that gave her statement. She further claimed in her statement that she is intended to solemnize her marriage with her boy-

Patna High Court CR. MISC. No.4261 of 2019(3) dt.15-03-2019 2/2 friend. However, petitioner happens to be the uncle of aforesaid Raju Gupta and the victim has not even whispered a single word against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Abhai Sirivastav, learned Additional Chief Judicial Magistrate, Sasaram at Rohtas/concerned court, in connection with Baghaila P.S. Case No. 22 of 2018.

(Hemant Kumar Srivastava, J) Spd/- U T