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Patna High CourtCR. MISC./3280/2018bail granted

Raju Chaudhary v. The State Of Bihar

2018-02-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3280 of 2018 Arising Out of PS.Case No. -318 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Raju Chaudhary, son of Vijay Chaudhary, resident of village- Sirsiya, Police Station- Noorsarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Smt. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Laheri P.S. Case No.318 of 2017 instituted for the offence under Section(s) 341, 323, 504, 363, 366, 506/34 Indian Penal Code. Victim girl has been examined under Section 164 Cr. P.C., wherein, she has stated her age as 18 years and the Court has assessed her age as 17 years. In the statement, she has stated that she was in love with this petitioner and she left. with petitioner and has performed marriage with him. She has not been kidnapped.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.3280 of 2018 (3) dt.27-02-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Laheri P.S. Case No.318 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T