Suresh Kumar @ Chhotu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31917 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -BELA District- SITAMARHI ====================================================== Suresh Kumar @ Chhotu .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bela P.S. Case No. 134 of 2016 instituted for the offence under Sections-498/366 of the Indian Penal Code.

There is allegation in the written report, that this petitioner kidnapped the daughter-in-law of the informant. The daughter-in-law of the informant has given statement u/S 164 of the Cr.P.C. wherein she stated that she has not been kidnapped. She has voluntarily gone with this petitioner and she has performed marriage with him in a temple in Sitamarhi on 21-082016 and she is living with him. She has stated her age as 21 years and the court has assessed her age as 20 years. Accordingly, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event

Patna High Court Cr.Misc. No.31917 of 2017 (2) dt.13-07-2017 2/2 of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bela P.S. Case No. 134 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if 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. (Sanjay Priya, J) A.K.V./- U T