Munna Prasad @ Vikash Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14683 of 2019 Arising Out of PS. Case No.-526 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
MUNNA PRASAD @ VIKASH KUMAR Son of Bhola Prasad Resident of Village- Ahwar Sheikh, Chudiharwa Tola, P.S.- Majhaulia, District- West Champaran 2.
Mukesh Prasad Son of Bhola Prasad Resident of Village-Ahwar Sheikh, Chudiharwa Tola, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-03-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 366A/34 IPC registered in connection with Majhaulia P.S. Case No. 526 of 2018.
3. It is submitted that the petitioners have been falsely implicated as evident from the statement of the so-called victim girl recorded under Section 164 Cr.P.C. wherein she has categorically stated that she had voluntarily accompanied the petitioner no.1 and solemnised marriage with him. The age of the girl according to the medical report has been assessed as between 17-19 years. The injury report does not disclose any sign of injury on her body parts both external as well as on her private parts. It is therefore, submitted that the ingredients of Section 366A of IPC are not satisfied. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be
Patna High Court CR. MISC. No.14683 of 2019(2) dt.12-03-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Bettiah, West Champaran, in connection with Majhaulia P.S. Case No. 526 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T