Patna High CourtCR. MISC./5918/2016bail granted

Ajit Kumar v. The State Of Bihar

2016-02-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5918 of 2016 Arising Out of PS.Case No. -246 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ajit Kumar, S/o Pradeep Das, Resident of village- Areraj, Ward No. 2, P.S.- Govind Gang, District- East Champaran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Aroop Ratna Arnava, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Govindganj P.S. Case No. 246 of 2015, disclosing offences under Sections 363, 364, 366 and 366A/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that allegation against the petitioner as levelled in the First Information Report stands falsified by the statement of the victim girl, recorded under section 164 of the Cr.P.C., which has been brought on record by way of Annexure-2 to this application. After having perused the said statement recorded under

Patna High Court Cr.Misc. No.5918 of 2016 (2) dt.22-02-2016 2/2 Section 164 of the Cr.P.C., I find substance in submission made on behalf of the petitioner. This application is, therefore, allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,-VII, Motihari in connection with Govindganj P.S. Case No. 246 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T