Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29709 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- MAHILA P.S. District- Sheohar ====================================================== VIJAY KUMAR, Son of Sri Kailash Sah, Resident of Village-Rampur Nanhkar, P.S.-Hiramna, District-Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Mahila Police Station Case No. 12 of 2019, disclosing offences punishable under Sections 376/341/323/504/34 of the Indian Penal Code.

The allegation is that the petitioner sexually exploited the informant with the assurance that he would be marrying her and subsequently refused to marry.

Learned Counsel, appearing on behalf of the petitioner, has drawn my attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, to submit that the petitioner has been wrongly implicated under

Patna High Court CR. MISC. No.29709 of 2019(2) dt.06-05-2019 2/2 some misconception.

On perusal of the statement of the victim recorded under Section 164 of the Code of Criminal Procedure case, a case for grant of anticipatory bail is made out. This application is accordingly allowed.

Let the petitioner, Vijay Kumar, in the event of his arrest or surrender before the Court below within six weeks, 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 Sub Divisional Judicial Magistrate, Sheohar, in connection with Mahila P.S. Case No. 12 of 2019, subject to the condition 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.) Ashish/RaginiU T