Dharmendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45475 of 2015 Arising Out of PS.Case No. -365 Year- 2013 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Dharmendra Kumar Rai S/o Shankar Rai resident of village Darba: P.S. Tajpur (Halai); District Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. G.S. Gupta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Tajpur (Halai) Police Station Case No. 365 of 2013, disclosing offences under Sections 363 and 366(A)/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the girl, who is alleged to have been kidnapped by the petitioner in the First Information Report, is in fact married to the petitioner and she is residing in the petitioner's paternal house, at village Darva, under district- Samastipur.

Considering the fact and circumstances and nature of accusation, this application is allowed.

Patna High Court Cr.Misc. No.45475 of 2015 (12) dt.17-08-2016 2/2 Let the petitioner, Dharmendra Kumar Rai, in the event of his arrest or surrender before the Court below within six weeks, 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 Sri Nitin Bhardwaj, Judicial Magistrate, 1st Class, Samastipur, in connection with Tajpur Police Station Case No. 365 of 2013, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

This order has been passed in presence of the victim, her father and the father of the petitioner.

Certain cases have been lodged against each other, which the parties intend to settle amicably. It will be opened to them to apply before appropriate Courts for settlement of disputes amicably.

(Chakradhari Sharan Singh, J.) Amit/- U T