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Patna High CourtCR. MISC./52721/2016bail granted

Birendra Sah v. The State Of Bihar

2016-12-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52721 of 2016 Arising Out of PS.Case No. -93 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Birendra Sah, Son of Ram Ekbalak Sah @ Ram Balak Sah, Resident of Village- Tharbitya P.S.- Pakarideyal, District- East Champaran, Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate. For the Opposite Party/s : Mr. Sri Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 20.07.2016 in connection with Pakarideyal P.S. Case No. 93 of 2016 for offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

The petitioner and others are suspected to have kidnapped the victim girl. The victim girl in her statement under Section 164 Cr.P.C stated that the named accused persons forcibly took her on motor-cycle and thereafter, on four wheeler. The petitioner wanted to marry with her. However, she could manage her escape.

Submission of the petitioner is that in fact the matter

Patna High Court Cr.Misc. No.52721 of 2016 (2) dt.07-12-2016 2/2 was of love affair. The victim had already married with the petitioner vide Annexure 3 the affidavit sworn by the victim. However, under the pressure of her family members she resiled from her statement on oath.

Considering the nature of allegation against the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate V, Dist. East Champaran, Motihari in connection with Pakarideyal P.S. Case No. 93 of 2016. (Birendra Kumar, J) Prakash/- U T