Anand Sah @ Anand Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30886 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -ASAWAN District- SIWAN ====================================================== Anand Sah @ Anand Kumar Sah Son of Ajay Sah, Resident of VillageMania, Police Station- Asaon, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan, Advocate For the Opposite Party/s : Mr. Anita Kumari Singh.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 18.04.2017 in connection with Asaon P.S. Case No. 59 of 2016 for the alleged offences under Sections 366(A)/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as evident from the deposition of the so-called victim girl recorded under Section 164 Cr.P.C., in which she has disclosed that she has voluntarily solemnized marriage with the petitioner and would be delivering a child from such marriage and no force has been used against her. She claims to be 20 years of age. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the 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 like amount each to the satisfaction of Smt. Supriya Singh Chauhan, learned J.M. Ist Class, Siwan in connection with Asaon P.S. Case No. 59 of 2016 on the following

Patna High Court Cr.Misc. No.30886 of 2017 (4) dt.11-08-2017 conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T