Patna High CourtCR. MISC./36754/2016bail granted

Guddu Sah v. The State Of Bihar

2016-09-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36754 of 2016 Arising Out of PS.Case No. -232 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Guddu Sah Son of Chhotelal Sah, resident of Village- Nandpur, P.SMotihari Muffasil, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Turkauliya (Banjariya) Police Station Case No. 232 of 2015, disclosing offences under Sections 363 and 366A of the Indian Penal Code.

Learned Counsel appearing on behalf of the petitioner has drawn my attention to the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure, 1973, in order to contend that she is 18 years of age and she had gone with the petitioner out of her own volition.

Considering the above submission and statement made under Section 164 of the Code of Criminal

Patna High Court Cr.Misc. No.36754 of 2016 (2) dt.06-09-2016 2/2 Procedure, 1973, this application is allowed. Let the petitioner, Guddu Sah, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Chief Judicial Magistrate, Motihari, in connection with Turkauliya (Banjariya) Police Station Case No. 232 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √