Patna High CourtCR. MISC./30259/2015bail granted

Binde Mukhiya v. The State Of Bihar

2015-10-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30259 of 2015 Arising Out of PS.Case No. -128 Year- 2014 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Binde Mukhiya son of Parmeshwer Mukhiya resident of Village Benipatti, P.s Benipatti, District Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

The statement of victim has been recorded under Section 164 of the Cr.P.C. in which she stated that petitioner gave intoxicated drink as a result of which she lost her consciousness and when she regained her consciousness, she found herself in the house of the petitioner. The victim further stated that she was pressurized by the petitioner as well as his family members for marriage with the petitioner but she refused and anyhow, she eluded from the clutches of the petitioner and came to her matrimonial home.

Learned counsel for the petitioner submits that in

Patna High Court Cr.Misc. No.30259 of 2015 (3) dt.29-10-2015 2/2 course of investigation, some witnesses stated that there was sweet relation between petitioner and victim and the aforesaid statement reflects that victim herself eloped with the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the 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 Additional Sessions Judge-V, Madhubani in connection with Benipatti P.S. Case No. 128 of 2014.

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