Patna High CourtCR. MISC./11233/2015bail granted

Girinandan Kumar v. The State Of Bihar

2015-03-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11233 of 2015 (2) dt.23-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11233 of 2015 Arising Out of PS.Case No. -79 Year- 2014 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ======================================================

1. Girinandan Kumar Son of Rajnandan Prasad Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumari Sujata Sinha For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Telhara P.S. Case No. 79 of 2014 registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code. The victim has already returned to her home and her statement under Section 164 of the Cr.P.C. has been recorded. The victim stated that she was forcibly taken away by the petitioner and two others and subsequently, she was confined at one unknown place where she was sexually assaulted by co-accused, Dharmendra. Furthermore, the victim stated that the aforesaid coaccused, Dharmendra later on dropped her at market. The contention on behalf of the petitioner is that

Patna High Court Cr.Misc. No.11233 of 2015 (2) dt.23-03-2015 petitioner has been implicated in this case due to previous enmity which is evident from perusal of Annexure-3 to this petition and as a matter of fact, the name of petitioner was put into the mouth of the victim by her parents.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Additional Chief Judicial Magistrate, Hilsa, Nalanda in Telhara P.S. Case No. 79 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

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