Santosh Diswa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23460 of 2019 Arising Out of PS. Case No.-70 Year-2016 Thana- GAUNAHA District- West Champaran ====================================================== SANTOSH DISWA Son of Munna Diswa Resident of Village - Gamharia, P.S.- Gaunaha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party/s :

Dr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Gaunaha P.S. Case No. 70 of 2016, instituted for the offence under Section(s) 363 and 366(A) of the Indian Penal Code.

Counsel for the petitioner submits that victim on recovery has given statement under Section 164 Cr. P.C. wherein she has stated that she has performed marriage with this petitioner. The statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-2. Counsel for the petitioner further submits that compromise has also taken place between the parties. The compromise petition has been filed in the court below, copy of which has been enclosed as Annexure-3.

Patna High Court CR. MISC. No.23460 of 2019(2) dt.11-04-2019 2/2 Petitioner is in custody since 10.12.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 Sub Divisional Judicial Magistrate, Bettiah, West Chamapran, in connection with Gaunaha P.S. Case No. 70 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T