Patna High CourtCR. MISC./20772/2016bail granted

Raju Tiwari v. The State Of Bihar

2016-05-18Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.20772 of 2016 (2) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20772 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -TANDWA District- AURANGABAD ====================================================== Raju Tiwari, Son of Mahendra Tiwary, resident of village- Kanchanwara, P.O.- Mugiya, P.S.-Tandwa, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Upadhyay, Advocate. For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Tandwa P.S. Case No. 05 of 2016 registered under Section 366(A)/34 of the Indian Penal Code.

The accusation is of kidnapping of the sister of informant by the petitioner for the purpose of performing the marriage.

Learned counsel for the petitioner submits that the statement of the victim, under Section 164 Cr.P.C., has been recorded by the A.C.J.M., Aurangabad, in which, she has stated about moving with this petitioner according to her sweet will and petitioner has not committed rape on her. Further submission is that the age of the victim has been assessed between 19 to 20 years

Patna High Court Cr.Misc. No.20772 of 2016 (2) dt.18-05-2016 and is in custody since 12.03.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to 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 the J.M. Ist Class, Aurangabad, in connection with Tandwa P.S. Case No. 05.2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T