Golu Kumar @ Golu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31319 of 2019 Arising Out of PS. Case No.-348 Year-2018 Thana- DANAPUR DistrictPatna ====================================================== GOLU KUMAR @ GOLU THAKUR Son of Bablu Thakur Resident of Village - Nashariganj Chai Tola More, P.S.- Danapur, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Satish Chandra, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 504, 380, 366, 366(A) of the Indian Penal Code registered in connection with Danapur P.S. Case No. 348 of 2018, arising out of Complaint Case No. 417(c) of 2018.

3. It is submitted that the petitioner has been falsely implicated in a complaint-based F.I.R. as evident from the statement of the so-called victim girl recorded under Section 164 Cr. P.C. wherein she has categorically stated that she had voluntarily accompanied the petitioner and solemnized marriage with him. In her statement, she admitted herself to be of 18 years of age. It is therefore submitted that the ingredients of Section 366A of IPC are not satisfied. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from

Patna High Court CR. MISC. No.31319 of 2019(2) dt.05-08-2019 2/2 the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ist, Danapur, Patna in connection with Danapur P.S. Case No. 348 of 2018 arising out of Complaint Case No. 417(c) of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T