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Patna High CourtCR. MISC./19400/2017bail granted

Deepak Das v. The State Of Bihar

2017-06-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19400 of 2017 Arising Out of PS.Case No. -251 Year- 2015 Thana -SABAUR District- BHAGALPUR ====================================================== Deepak Das, son of Aojender Das, resident of Village Govindpur, P.S.- Madhusudanpur, District- Bhagalpur. .... .... Petitioner.

Versus

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

For the Petitioner : Mr. Tarun Prasad Mandal, Adv. For the Opposite Party: Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-06-2017 Heard learned for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Sabour P.S. Case No.251 of 2015 registered for the alleged offences under Sections 363 and 366 A/34 of the Indian Penal Code. As per the prosecution case, the accused persons of the case in hand are said to have kidnapped the minor daughter of the informant while she had gone to take tuition. It has been submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. The victim girl Nisha Kumari is a major. The victim, in her statement recorded under Section-164 Cr.P.C., has herself stated that she was in love with the petitioner and had eloped with him. She has also stated that she had performed marriage with him out of her sweet will and are living together.

Patna High Court Cr.Misc. No.19400 of 2017 (03) dt.13-06-2017 - 2 - Considering the facts aforesaid and the nature of allegation as made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-X, Bhagalpur in Sabour P.S. Case No.251 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prakash Chandra Jaiswal, J.) Trivedi/- U T