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Patna High CourtCR. MISC./44889/2015bail granted

Rajiv Kumar Raushan v. The State Of Bihar

2015-10-15Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44889 of 2015 Arising Out of PS.Case No. -96 Year- 2015 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Rajiv Kumar Raushan, Son of Umesh Sah, resident of Village- Bhatautiya, Police Station- Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Naresh Sharma, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Goraul P.S. Case No. 96 of 2015 dated 28.03.2015 instituted under Sections 366A/504/506/120B of the Indian Penal Code.

As per the allegation the petitioner along with another person are said to have forcibly abducted the grand daughters of the informant namely Pallavi Kumari and Lakshmi Kumari while they had gone to school to get their certificates.

Patna High Court Cr.Misc. No.44889 of 2015 (2) dt.15-10-2015 2/2 Learned counsel for the petitioner submits that that it is a case of love affair without any foul play and that Pallavi Kumari returned home whereas Lakshmi Kumari had gone away with the petitioner and both of them got married and further that she is major and had appeared before the Court and given statement under Section 164 of the Code of Criminal Procedure, 1973 in which she has clearly stated that she had gone with the petitioner and married him on her own free will. Learned A.P.P. fairly submits that the allegation in the FIR is not supported by the statement before the Court of the victim girl.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Hajipur, Vaishali in Goraul P.S. Case No. 96 of 2015, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Ahsanuddin Amanullah, J) Anjani/- U T