Arun Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50776 of 2015 Arising Out of PS.Case No. -401 Year- 2015 Thana -KATIHAR District- KATIHAR ======================================================
1. Arun Mahaldar S/o- Kailash Mahaldar, R/o- Durgapur, Dhobi Tola, P.S.- Katihar Nagar, District- Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 363/366(A)/34 of the Indian Penal Code.
3. It is submitted that the petitioner have been falsely implicated, as evident from the deposition of the victim girl recorded under Section 164 Cr.P.C. wherein she admitted her age to be 18 years and she has stated that she voluntarily eloped with Laddu Mahaldar, the brother of the petitioner.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the Court below within six weeks from the date of communication of this order, let the above named petitioner be
Patna High Court Cr.Misc. No.50776 of 2015 (2) dt.09-11-2015 2/2 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 C.J.M., Katihar in connection with Katihar Town P.S.Case No. 401/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:
(i) The petitioner shall co-operate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(ii) The petitioner shall remain physically present on each and e very date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled the learned court concerned.
(Vikash Jain, J) singh/- U T