Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36983 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -CHENARI District- SASARAM (ROHTAS) ====================================================== Sonu Kumar, son of Ram Pukar Singh @ Pukar Singh Chandrabanshi resident of Village- Naraina, P.S.- Chenari, District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Virendra Kumar Ray, Advocate For the Opposite Party : Mr. Ajit Kumar(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-11-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Chenari P.S. Case No. 09 of 2016 registered for the offences punishable under Sections 363, 366/34 of the Indian Penal Code. Case diary was called for, which has since been received.

Learned counsel for the petitioner submits that though there is an allegation that the petitioner along with two others had kidnapped the victim girl for the purposes of marriage and statement made by the victim girl under Section 164 of the Cr.P.C also supports the prosecution case, the actual fact is that the petitioner and the victim girl had love affection and they lived

Patna High Court Cr.Misc. No.36983 of 2016 (4) dt.09-11-2016 2/2 together. The medical report indicates that the girl is 19 to 20 years old and that there is no evidence of recent sexual intercourse as has been alleged.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that the victim girl has clearly alleged against the petitioner, however, her allegations do not stand substantiated by the medical report annexed to the case diary.

Considering the aforementioned facts and circumstances and that the story as alleged stands differed by the medical report, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Chenari P.S. Case No. 09 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) ravi/- U T