Patna High CourtCR. MISC./17094/2015bail granted

Suraj Kumar @ Kanhaiya Kumar v. The State Of Bihar

2015-06-08Mr. Justice Navaniti Prasad Singh2 pages

Patna High Court Cr.Misc. No.17094 of 2015 (2) dt.08-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17094 of 2015 Arising Out of PS.Case No. -172 Year- 2013 Thana -PARIHAR District- SITAMARHI ====================================================== Suraj Kumar @ Kanhaiya Kumar, son of Sushil Mandal, resident of village - Shahargama, P.S. - Parihar, District - Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2.

08-06-2015 It is surprising that on the facts as noted by the learned Sessions Judge, he has failed to granted privilege of bail in anticipation of arrest to the petitioner. The petitioner apprehends his arrest in relation to Parihar P.S. Case No. 172 of 2013 registered under Section 363, 364, 366(A)/34 of the Indian Penal Code.

The order of learned Sessions Judge itself notes that victim girl has not been recovered, but in the same order he notes that victim girl has appeared in the court and stated that she has married with this petitioner and out of her own free-will she is living with him and would like to stay with him. Ordinarily, this should have been enough to grant bail in anticipation of arrest to the petitioner, but repeating that the victim girl has not been recovered and the victim girl appears as minor, he

Patna High Court Cr.Misc. No.17094 of 2015 (2) dt.08-06-2015 refused the prayer.

Be that as it may, in the event of his arrest/surrender before the court below within four weeks, let the petitioner, namely, Suraj Kumar @ Kanhaiya Kumar, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Parihar P.S. Case No. 172 of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajeev/- U T