Patna High CourtCR. MISC./48233/2017bail granted

Jai Praksh Kumar @ Jai Praksh Choudhary @ Biru v. The State Of Bihar

2018-01-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48233 of 2017 Arising Out of PS.Case No. -237 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Jai Praksh Kumar @ Jai Praksh Choudhary @ Biru Son of Puran Choudhary, R/o Village- Bikramshila Basti, P.S.- Kotwali (Tilka Manjhi), District- Bhagalpur (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Anjali Kumari, D/o. late Vishwamohan Sinha, R/o. Sri Durgadutt Sharma, 49, Shahid Bhagat Singh Late, Near Shila Biwah Bhawan, P.S. Tilkamanjhi, District- Bhagalpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Lalan Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Kotwali (Tilakamanjhi) P.S. Case No.237 of 2017, a case under Sections 376/420/341/323/304/506/509 of the Indian Penal Code. Allegation against the petitioner is of physical relation with the informant on assurance of marriage. The petitioner is in custody since 18.05.2017.

Notice was issued to the informant-Opposite Party No.2 but no one appears. Identical is the statement of the informant under Section 164 Cr.P.C. wherein she has stated her

Patna High Court Cr.Misc. No.48233 of 2017 (4) dt.09-01-2018 P2/ age as 29 years and also stated that she was a consenting party to the inducement of the petitioner.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kotwali (Tilakamanjhi) P.S. Case No.237 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T