Patna High CourtCR. MISC./18935/2016bail granted

Guddu Kumar @ Guddu Singh v. The State Of Bihar

2016-05-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18935 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ====================================================== Guddu Kumar @ Guddu Singh son of Arvind Singh Resident of Village Mishan Chauk, P.S. Barbigha District Shekhpura. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. C. Jawahar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Sarmera P.S.Case No. 12/2016, disclosing offences under section 366A of the Indian Penal Code.

Learned counsel for the petitioner, referring to the statement of the victim recorded under section 164 of the Cr.P.C., has submitted that no offence under section 366A of the Indian Penal Code is made out since the victim has been described to be 22 years of age and she has stated that she got married with the petitioner out of her own volition.

Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/

Patna High Court Cr.Misc. No.18935 of 2016 (2) dt.09-05-2016 surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate VI, Nalanda at Bihar Sharif in Sarmera P.S.Case No. 12/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U