Kuwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22790 of 2019 Arising Out of PS. Case No.-417 Year-2018 Thana- MANER District- Patna ====================================================== 1.

KUWAR SINGH Son of Late Dev Nandan Singh R/o Village- Haldi Chapra, Nayka Tola, P.S.- Maner, District- Patna.

2.

Tilla Devi @ Rajmati Devi Wife of Kuwar Singh R/o Village- Haldi Chapra, Nayka Tola, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Sharma For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 366(A)/34 IPC registered in connection with Maner P.S. Case No. 417/2018.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the grand-parents of Vikky Kumar. The victim girl in her statement recorded under Section 164 Cr.P.C. has categorically stated that she had voluntarily accompanied Vikky Kumar and solemnised marriage with him. The victim girl in her statement has admitted her age to be of 19 years. It is therefore, submitted that the ingredients of Section 366A of IPC are not satisfied. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of

Patna High Court CR. MISC. No.22790 of 2019(2) dt.11-04-2019 2/2 learned Additional Sessions Judge-I,Danapur, in connection with Maner P.S. Case No. 417/2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner no. 1 shall remain physically present and the petitioner no. 2 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T