Aditya Raj @ Monu Kumar @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26030 of 2018 Arising Out of PS. Case No.-684 Year-2017 Thana- DANAPUR District- Patna ====================================================== Aditya Raj @ Monu Kumar @ Aditya Kumar, S/o Vinod Singh @ Vinod Kumar Singh, R/o Village- Sikarpur, P.S.- Sahpur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Deovind Kumar Singh For the Opposite Party/s :

Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Danapur P.S. case no. 684 of 2017, instituted for the offence under Section 366A/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the victim girl, on recovery, has given her statement under Section 164 Cr. P.C. wherein she has stated that she has performed marriage with this petitioner voluntarily and, at present, she is pregnant. The victim girl has stated her age in her statement recorded under Section 164 Cr. P.C. to be 20 years. The Court has assessed her age to be 19 years. The certified copy of the statement of the victim girl recorded under Section 164 Cr. P.C. has been produced during hearing of the bail petition.

Patna High Court Cr.Misc. No.26030 of 2018(3) dt.19-06-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Danapur P. S. case no. 684 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Danapur, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.