Patna High CourtCR. MISC./11979/2015bail granted

Jitendra Kumar Bharti v. The State Of Bihar

2015-04-30Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11979 of 2015 (3) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11979 of 2015 Arising Out of PS.Case No. -20 Year- 2014 Thana -DELHA District- GAYA ======================================================

1. Jitendra Kumar Bharti Son of Sevak Das Resident of Village - Gamu Bhigha, P.S.- Chandrauti, O.P.- Chakand, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Ram Chandra Sahani(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Delha P.S. Case No. 20 of 2014 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code. The statement of victim under Section 164 of the Cr.P.C. was recorded in the present case and in the said statement, she stated about the involvement of the petitioner in the present crime but submission on behalf of the petitioner is that father of the victim had also lodged a case i.e. Delha P.S. Case No. 46 of 2014 in which the statement of victim was recorded under Section 164 of the Cr.P.C. and the victim specifically stated in the said statement that she solemnized her marriage with petitioner by her

Patna High Court Cr.Misc. No.11979 of 2015 (3) dt.30-04-2015 own sweet will and she had made statement under Section 164 of the Cr.P.C. in the present case under the influence and threatening of her family members.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that the medical board found the victim aged about 19 years, 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, Gaya in Delha P.S. Case No. 20 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T