Patna High CourtCR. MISC./34414/2014bail granted

Akash Paswan @ Nishant Kumar v. The State Of Bihar

2015-02-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34414 of 2014 Arising Out of PS.Case No. -119 Year- 2013 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Akash Paswan @ Nishant Kumar son of Sushil Kumar Paswan , Resident of village -Gopalpur , Police Station - Industrial Zero Mile, District - Bhagalpur .

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kotwali (Adampur) Police Station Case No. 119 of 2013 registered for the offences punishable under Sections 341, 323, 354, 363, 366, 376, 504, and 506/34 of the Indian Penal Code. The statement of victim was recorded under section 164 of the Cr.P.C in which she specifically stated that she being major solemnized her marriage with the petitioner. It is surprisingly enough that in spite of the aforesaid statement, the learned Sessions Judge rejected the anticipatory bail of the petitioner.

Patna High Court Cr.Misc. No.34414 of 2014 (2) dt.16-02-2015 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Kotwali (Adampur) Police Station Case No. 119 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U