Anup Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75161 of 2018 Arising Out of PS. Case No.-283 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== Anup Pal, Son of Subedar Pal, Resident of Village- Baruna, P.S.- Nabinagar, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Nabinagar P.S. Case No. 283 of 2018 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code.

Informant who is the father of the victim girl in his written complaint has alleged that his daughter was forcibly taken away by two FIR named accused Anup Pal and Anuj Yadav and when he went to the parents of the petitioner they scolded him and also abused him.

It has been submitted on behalf of the petitioner that the girl has been recovered and in her statement she has stated that she had gone with Anuj Yadav with her own volition and sweet will and they have also solemnized marriage and are living together. She is major. Petitioner has got no criminal

Patna High Court Cr.Misc. No.75161 of 2018(2) dt.17-12-2018 2/2 antecedent and is in custody since 08.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Nabinagar P.S. Case No. 283 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U