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Patna High CourtCR. MISC./28418/2020allowed

Sawan Kumar v. The State Of Bihar

2021-01-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28418 of 2020 Arising Out of PS. Case No.-323 Year-2019 Thana- MAHESI District- East Champaran ====================================================== SAWAN KUMAR S/o Babulal Ram Resident of Village-Semraghat, P.S.- Mehsi, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-01-2021 Heard counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Mehsi P.S. Case No. 323 of 2019 for offences under Sections 363, 366A, 34 IPC.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He refers to the statement of the victim under Section 164 Cr.P.C. as contained in Annexure-2 to contend that the victim has voluntarily joined the wedlock with the petitioner.

Considering the statement of the victim under Section 164 Cr.P.C and also the fact that the victim is adult and she has every right to join wedlock on her own choice, the Court is inclined to grant bail to the petitioner. Let the petitioner, above

Patna High Court CR. MISC. No.28418 of 2020(2) dt.18-01-2021 2/2 named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Champaran, Motihari in connection with Mehsi P.S. Case No. 323 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Anil Kumar Upadhyay, J) spandey/- U T