Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21837 of 2016 ====================================================== Birendra Singh, Son of Dashrath Singh, Resident of Village-Dewaria (Narawali toli) P.S.-Masarakh, District -Chhapra. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Mohammadpur P.S. Case No. 106 of 2015 registered under Sections 363 and 365 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the ingredients of the offence punishable under Sections 363 and 365 of the Indian Penal Code are completely wanting in the present case in view of the fact that the victim in her statement recorded under Section 164 of the Code of Criminal Procedure, as contained in Annexure-2 to the present application, has clearly stated that out of her own sweet will she

Patna High Court Cr.Misc. No.21837 of 2016 (2) dt.20-05-2016 2 / 2 had gone to the house of the petitioner and stayed there for two months.

Be that as it may, regard being had to the facts and circumstances of the case, the petitioner 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 learned Chief Judicial Magistrate, Gopalganj in connection with Mohammadpur P.S. Case No. 106 of 2015. (Ashwani Kumar Singh, J.) Sanjeet/- U T