Bishwanath Kumar @ Vishu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35785 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== Bishwanath Kumar @ Vishu Rai, aged about 22 years (male), Son Of Bodh Narayan Rai R/O Village - Temuha, P.S. - Pupri, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Pupri P.S. Case No. 433 of 2019 registered for offences under sections 363, 366A/34 of the Indian Penal Code. In the present case, the First Information Report has been lodged alleging therein that the girl has been kidnapped for the purpose of marriage.

The name of the petitioner has been specifically mentioned in the First Information Report.

The statement of the girl recorded under Section 164 of the Cr.P.C. (Annexure-2) shows that the petitioner had gone along with the petitioner voluntarily and they have entered into marriage.

Patna High Court CR. MISC. No.35785 of 2020(2) dt.25-01-2021 2/2 Looking to the entire facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Pupri P.S. Case No. 433 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) rishi/- U T