Patna High CourtCR. MISC./11562/2017bail granted

Rakesh Kumar Gupta v. The State Of Bihar

2017-04-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11562 of 2017 Arising Out of PS.Case No. -189 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== Rakesh Kumar Gupta Son of Jagarnath Prasad Resident of VillageKailuchak, P.S.- Masaudhi, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shruti Sinha For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Karpi P.S. Case No. 189 of 2016 instituted for the offence under Section(s) 365, 366, 120B, 504, 506, 34 of the Indian Penal Code.

There is allegation against this petitioner in the written report that he kidnapped the sister of the informant. The victim girl has given her statement under Section 164 Cr.P.C where she has stated her age as 20 years. Learned lower Court has also assessed the age of the victim girl as 20 years. She has stated in the statement under Section 164 Cr.P.C that this petitioner has performed marriage with her in Mugalsarai and both lived as husband and wife for eight days in Mugalsarai.

Patna High Court Cr.Misc. No.11562 of 2017 (3) dt.13-04-2017 2/2 From the statement of the victim girl recorded under Section 164 Cr.P.C, it appears that the victim girl has lived with the petitioner with her consent.

The petitioner is said to be in custody since 15.12.2016.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 189 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Shageer/- U T