Manoj Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18409 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== MANOJ KUMAR MISHRA Son of Dhruv Dev Mishra Resident of Village - Kiratpura, P.S. Baikunthpur, District- Gopalganj. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dr. Santosh Kushwaha @ Santosh Kumar s/o Rajendra Prasad Resident of Village - Teliya Basauli, P.S. Basantpur (Naviganj), District- Siwan. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Chandra Verma For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
This application has been filed for cancellation of bail granted to O.P. No.2 vide order dated 28.09.2018 passed in Cr. Misc. No. 58336 in connection with Baikunthpur P.S. Case No. 148 of 2018 for the offence punishable under Sections 363, 366a/34 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the victim girl is a minor which is evident from annexure-3 but the opposite party while seeking bail has submitted a forged document with regard to age of the victim girl in which the date of birth of victim was shown as 17.07.1996 while in the Admit
Patna High Court CR. MISC. No.18409 of 2019(6) dt.19-06-2019 2/2 Card of the victim girl which is at Annexure-3, her date of birth is recorded as 04.06.2001. Moreover, notice has been issued to O.P. No.2 but the opposite party No. 2 has not appeared as yet in this case. Hence, the bail bond of the opposite party No.2 may be canceled.
Considering the facts and circumstances of the case, the bail granted to O.P. No.2 vide order dated 28.09.2018 passed in Cr. Misc. No. 58336 in connection with Baikunthpur P.S. Case No. 148 of 2018 is cancelled.
(Arvind Srivastava, J) brajesh/- U T