Manish Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57272 of 2017 Arising Out of PS.Case No. -349 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Manish Raj, son of Anil Chaudhary @ Anil Kumar Chaudhary, Resident of Mohalla- Ward No. 6, Behind Agriculture Department, Police StationGopalganj Town, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate. For the Opposite Party/s : Smt. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Gopalganj Town P.S. Case No. 349 of 2017 instituted for the offence under Section 366(A) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that from the statement of the victim girl under Section 164 Cr. P.C. it would appear that girl voluntarily gone with this petitioner. She has been medically examined. The doctor has opined her age between 17-18 years.

In the written report suspicion has been raised against this petitioner and one co-accused Arman of kidnapping the daughter of the informant. The statement of the girl has been recorded under Section 164 Cr. P.C. (Annexure-2) wherein she

Patna High Court Cr.Misc. No.57272 of 2017 (2) dt.07-12-2017 2/2 has stated that she voluntarily gone with the petitioner and performed marriage with him.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Gopalganj Town P.S. Case No. 349 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, 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) S.