Birendra Bhagat v. The State Of Bihar
Patna High Court Cr.Misc. No.21999 of 2016 (2) dt.23-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21999 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================
1. Birendra Bhagat Son of Late Sukhdeo Bhagat resident of village - Rampur Bhikhanpura, P.S. Sahebganj, District - Muzaffarpur .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mishra For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.
The petitioner seeks bail in connection with Sahebganj P.S. Case No. 48 of 2016 registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code. The victim girl has appeared and her statement has been recorded under Section 164 Cr.P.C. wherein she has stated her age 20 years and she has not supported the allegation of kidnapping rather she has stated that she being major performed marriage with Awadhesh Kumar Bhagat the son of the petitioner and accordingly, vide order dated 06.04.2016 passed by the learned court below the victim was directed to go at her choice place, from school certificate also she was found major. In the facts and circumstances stated above, the
Patna High Court Cr.Misc. No.21999 of 2016 (2) dt.23-05-2016 petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, (West) Muzaffarpur in connection with Sahebganj P.S. Case No. 48 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) avin/- U T