Patna High CourtCR. MISC./32228/2019bail granted

Umesh Ram v. The State Of Bihar

2019-05-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32228 of 2019 Arising Out of PS. Case No.-86 Year-2018 Thana- PIPRAHI District- Sheohar ====================================================== UMESH RAM Son of Sudhan Ram Resident of Village - Parsauni Baij, P.s.- Piprahi, Distt.- Sheohar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Piprahi P.S. Case No. 86 of 2018 for the offence punishable under Section 366(A)/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner has drawn my attention to the statement of the victim, recorded under Section 164 of the Cr.P.C., and has submitted that in the absence of any allegation against the petitioner of having established physical relationship with the said victim, no offence can be said to be made out under Section 366(A) of the Indian Penal Code. He has also submitted that the statement of the victim does not indicate that she was forced to accompany the petitioner.

Keeping in mind the nature of disclosure made by the victim in her statement under Section 164 of the Cr.P.C., this

Patna High Court CR. MISC. No.32228 of 2019(2) dt.15-05-2019 2/2 application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned J.M. 1st Class, Sheohar, in Piprahi P.S. Case No. 86 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T