Avinash Kumar @ Awinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43365 of 2015 Arising Out of PS.Case No. -32 Year- 2014 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Avinash Kumar @ Awinash Kumar S/o Binod Sah R/o Jivdhara, P.s Pipra Kothi, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Pipra Kothi P.S. Case No. 32 of 2014 registered under Sections 363 and 366-A read with 34 of the Indian Penal Code. It is contended that the daughter of the informant had eloped with some body of which petitioner had no knowledge whatsoever and the informant out of suspicion gave the name of the petitioner in the FIR. Referring to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, as contained in Annexure-2 to the petition, it is submitted that the victim has not alleged anything against the petitioner. Learned counsel for the State has opposed the prayer

Patna High Court Cr.Misc. No.43365 of 2015 (2) dt.13-10-2015 2/2 for bail.

Be that as it may, regard being had to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today, the petitioner Avinash Kumar @ Awinash Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra Kothi P.S. Case No. 32 of 2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T