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Patna High CourtCR. MISC./18958/2017bail granted

Rajeev Kumar @ Rajeev Mishra And ANR v. The State Of Bihar

2017-05-29Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18958 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Rajeev Kumar @ Rajeev Mishra,

2. Vijay Mishra @ Vijay Kumar Both are Sons of Phulendra Mishra @ Chandradeo Jha, Resident of Village- Mathipur, P.S. Barauni, DistrictBegusarai. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Hare Krishna Prasad, Advocate For the Opposite Party : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-05-2017 A supplementary affidavit has been filed on behalf of the petitioners. Let it be taken on record.

Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in Matihani P. S. Case no. 43 of 2016 for the offences registered under Sections 363, 366A and 34 of the Indian Penal Code. It has been alleged in the F.I.R. that brother of the petitioners, namely, Dilip Mishra, had eloped with Supriya Sakshi. It has been contended by the learned counsel for the petitioners that after recovery the victim girl appeared before the Magistrate and her statement was recorded by the Magistrate in which she has admitted that she had gone with the said Dilip Mishra out of her own free-will and consent. It has further been

Patna High Court Cr.Misc. No.18958 of 2017 (3) dt.29-05-2017 2/2 contended that petitioner no. 1 Rajeev Kumar is pursuing MCA in Rajiv Gandhi Proudyogiki Vishwa Vidiyala, Bhopal and petitioner no. 2 Vijay Mishra is in job at New Delhi.

Considering the facts and circumstance of the present case, let petitioners, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Begusarai, in connection with Matihani P. S. case no. 43 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) sudip/- U T