Nitesh Kumar @ Chunnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10110 of 2018 Arising Out of PS. Case No.-350 Year-2017 Thana- MINAPUR District- Muzaffarpur ====================================================== Nitesh Kumar @ Chunnu S/o Baliram Rai, R/o Village- Turki Kharaura, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Parasmani For the Opposite Party/s :

Mr. SRI KHURSHID ANWAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Minapur P.S. case no. 350 of 2017 instituted for the offence under Section(s) 366A/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that victim girl is major and she has already married with the petitioner. In respect of which she has filed a petition in the learned Court below.

In such circumstance, the application is disposed off with direction to the petitioner to surrender in the Court below i.e. CJM, Muzaffarpur in connection with Minapur P.S. case no. 350 of 2017 within a period of four weeks from today along with the victim girl and in that event the Court below on being satisfied

Patna High Court Cr.Misc. No.10110 of 2018(2) dt.22-02-2018 2/2 that both are major and have performed marriage and leading a happy conjugal life and after taking necessary affidavit from both the parties, the Court below with release the petitioner on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its own satisfaction, subject to the conditions as laid down under Section 438(2) 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 petitioner 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) shyambihari/- U T