Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77612 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== Deepak Kumar S/o Dinesh Pd. Singh, R/o Vill.- Naraun, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Shambhuganj P.S. Case No. 154/2018 registered for the offence punishable under Sections 366(A) of the Indian Penal Code.

Informant has alleged that the petitioner had enticed her minor niece for the purpose of marriage and petitioner was apprehended from the temple while they were about to solemnize the marriage.

Statement of victim has been recorded under Section 164 Cr.P.C. in which she has stated that the petitioner is her friend. The victim was medically examined in which no sign of any sexual assault was found on the person of the victim. Petitioner has no criminal antecedent and he is in custody since 19.07.2018.

Patna High Court Cr.Misc. No.77612 of 2018(2) dt.02-01-2019 2/2 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, Banka in connection with Shambhuganj P.S. Case No. 154/2018, 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) Sanjay/- U T