Gunsagar Das v. The State Of Bihar

Patna High Court Cr.Misc. No.5595 of 2015 (3) dt.27-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5595 of 2015 Arising Out of PS.Case No. -32 Year- 2014 Thana -SABAUR District- BHAGALPUR ======================================================

1. Gunsagar Das Son of Sipahi Das, Resident of Village Choti Dostani, P.S. - Sabour (Goradih), District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 27.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

In course of investigation, victim and petitioner themselves appeared before police and after that victim was given to her mother. After two days, her statement under section 164 Cr.P.C was recorded. Although in her statement victim levelled allegation of abduction and rape against the petitioner but submission on behalf of the petitioner is that victim and the petitioner were in love and victim herself eloped with the petitioner by her own sweet will and later on, when they got information regarding institution of the present case, they returned and surrendered before police.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of

Patna High Court Cr.Misc. No.5595 of 2015 (3) dt.27-04-2015 the like amount each to the satisfaction of Sri Vivekanand Prasad, Judicial Magistrate, Ist Class, Bhagalpur/concerned court in Sabour P.S. Case no. 32/2014.

shahid (Hemant Kumar Srivastava,J) U T