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Patna High CourtCR. MISC./48542/2014bail granted

Kundan Kumar v. The State Of Bihar

2015-02-20Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court Cr.Misc. No.48542 of 2014 (2) dt.20-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48542 of 2014 Arising Out of PS.Case No. -384 Year- 2014 Thana -BARH District- PATNA ======================================================

1. Kundan Kumar S/o Indradeo Yadav @ Jhaggu Yadav Resident of Village Umanath, Ward No. 16, P.S. Barh, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. Chandra Bhushan Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-02-2015 Heard the learned senior counsel, Mr. Rama Kant Sharma for the petitioner and the learned A.P.P. for the State. The petitioner, namely, Kundan Kumar is in custody since 28.09.2014 in Barh P.S. Case No.384 of 2014 under Section 366(A) of the I.P.C.

The learned senior counsel submitted that the F.I.R. was lodged on 28.09.2014 and on the very next day i.e. on 29.09.2014, statement u/s 164 Cr.P.C. of the daughter of the informant has been recorded wherein she has admitted that she has got love affairs with this petitioner since for last five years. The statement is Annexure-2 to the bail application where she has disclosed her age as 19 years.

The learned counsel further submitted that the parties

Patna High Court Cr.Misc. No.48542 of 2014 (2) dt.20-02-2015 have already compromised because both the informant and the petitioner belonged to different castes and, therefore, the marriage could not be finalized between them.

Considering the above facts and circumstances of the case and the submission of the learned senior counsel, I direct that the above named petitioner be released on bail on furnishing bail bond of Rs.10,000(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, District Patna in connection with Barh P.S. Case No.384 of 2014. One of the bailors should be close relatives of the petitioner. (Mungeshwar Sahoo, J) Saurabh/- U T