Madan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31973 of 2014 Arising Out of PS.Case No. -105 Year- 2013 Thana -HALSI District- LAKHISARAI ====================================================== Madan Kumar Sonof Anil Mandal Resident of Village- Gopalpur, P.S.- Chanan, District- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. R.B.S. Pahepuri (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Halsi P.S. Case No. 105 of 2013 registered for the offence under Sections-363, 366A/34 of the Indian Penal Code. Admittedly, the victim was recovered in course of investigation and her statement u/S 164 of the Code of Criminal Procedure was recorded in which, she completely denied the story of prosecution but it is surprisingly enough that in spite of that, learned In-charge, Sessions Judge, Lakhisarai rejected the prayer for anticipatory bail of the petitioner without applying his judicial mind.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.31973 of 2014 (2) dt.02-02-2015 well as submission of the parties, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Halsi P.S. Case No. 105 of 2013 to the satisfaction of Chief Judicial Magistrate, Lakhisarai subject to conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T