Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4420 of 2021 Arising Out of PS. Case No.-77 Year-2019 Thana- INARWA District- West Champaran ====================================================== Sanjeet Kumar aged about 22 years (Male) Son Of Mangal Vishwas Resident Of Village - Lal Saraiya, P.S. - Majhauliya, At Present Resident Of Village - Near Bazar Samiti Battiah, P.S. - Mufassil Bettiah, District - West Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gauri Shankar Thakur For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

21-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Inarwa P.S. Case No. 77 of 2019, registered for the offence under Sections 366, 366(A), 34 of the Indian Penal Code.

As per the prosecution case, the petitioner alongwith other FIR named accused persons are alleged to have abducted the sister of the informant.

It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. In the statement recorded under Section 164 of the Cr.P.C., the victim (sister of informant) has specifically stated that out of her own will and wish, she has solemnized marriage with the petitioner and wants to live with him (petitioner). Her age has been assessed as 18

Patna High Court CR. MISC. No.4420 of 2021(3) dt.21-06-2021 2/2 years. Petitioner claims clean antecedent and he is in custody since 13.02.2020.

Learned A.P.P. for the State has opposed the bail petition.

However, considering the materials available on record as well as statement of the victim recorded under Section 164 of the Cr.P.C., the bail petition of petitioner is allowed. Let the above named petitioner 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 learned C.J.M., Bettiah, West Champaran in connection with Inarwa P.S. Case No. 77 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T