Sheetal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12689 of 2016 Arising Out of PS.Case No. -93 Year- 2015 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================
1. Sheetal Kumar Son of Khagesh Tanti Resident of Village-Lathanay, P.S. & District-Jamui .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-04-2016 Heard both sides.
Apprehending his arrest in connection with Rajgir P.S. case no. 93 of 2015 registered under Sections 366A, 365 and 504 of the Indian Penal Code, the petitioner has prayed for grant of anticipatory bail.
The informant has alleged that he found her 13-14 years old daughter missing from the house. From the neighbour he could learn that she was seen with the petitioner at Rajgir Bus stand. On such suspicion, the First Information Report was lodged. The statement of the victim girl was recorded by the Magistrate on 28.3.2016. A certified copy of her statement has been handed in by the counsel for the petitioner which is taken on
record and marked 'X' for identification.
On going through the said statement, it appears the girl has disclosed her age as 18 years wherein the Court also assessed her 18 years of age. She has not alleged anything against the petitioner . On the contrary, the victim girl has stated that on 2nd April, 2015 she has voluntarily left the house and went along with one Gautam Sonar with whom she married and presently she is living in Delhi.
Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on anticipatory bail. Let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of four weeks from today, 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 learned Chief Judicial Magistrate, Biharsharif, Nalanda, in connection with Rajgir P.S. case no. 93 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.
(ii) As soon as the charges are framed the petitioner shall appear in person before the trial court on
the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T