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Patna High CourtCR. MISC./2445/2015bail granted

Md. Rinku v. The State Of Bihar

2015-01-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 2445 of 2015 Arising out of P. S. Case No. - 34 Year - 2013 Thana - NTPC District - BHAGALPUR ======================================================

1. Md. Rinku, S/o Md. Azad, resident of Mohalla - Paithanpura, P.S. - Kahalgaon, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Prasad, Advocate For the Opposite Party/s : Mr. Sunil Kr.Panday, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2015 Heard Mr. Subodh Prasad, the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in N.T.P.C. P.S. Case No. 34 of 2013, G.R. Case No. 3956/2013, registered for the offences punishable under Section 365/34 of the Indian Penal Code.

The informant made allegation that the petitioner and Sonu Chourasia kidnapped his daughter.

It is submitted that the victim was major. Coaccused, namely, Sonu Chourasia has already been enlarged on bail vide order passed in Cr. Misc. No. 12290 of 2014. It is further submitted that the victim already solemnized marriage with the petitioner. On perusal of the record, it appears that the victim also

Patna High Court Cr.Misc. No.2445 of 2015 (2) dt.22-01-2015 made allegation that petitioner and Sonu Chourasia kidnapped her and tied cloth in her mouth. The victim made specific allegation that it was the petitioner who threatened her of dire consequences if the victim did not marry with him, but at the same time victim also disclosed that the petitioner did not establish physical relation with her.

Considering the facts aforesaid and nature of allegations made against the petitioner and the fact that the victim appears to be a major girl and petitioner is in jail since 13.08.2014, the petitioner, above named, is directed to be enlarged 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 Chief Judicial Magistrate, Bhagalpur in connection with N.T.P.C. P.S. Case No. 34 of 2013, G.R. Case No. 3956 of 2013. Kundan/- (Prabhat Kumar Jha, J.) U T