Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1054 of 2021 Arising Out of PS. Case No.-163 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== LALAN KUMAR, S/o Jeebachh Bhagat @ Jeebach Bhagat R/o VillageRampur Radhopur, P.S.- Jurawanpur, Raghopur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Advocate.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-07-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 366 of the Indian Penal Code.

A perusal of the statement of the victim lady recorded under Section 164 Cr.P.C. would reveal that though she has alleged that force was used against her to abduct her and got her married with the petitioner, however the entire statement would reveal that both were known to each other. The prosecutrix was mother of a child and there was some dispute regarding payment of cost of repairing of the auto rickshaw.

Considering entire facts of this case, let the petitioner who is in custody since 12.07.2020, be released on bail on

Patna High Court CR. MISC. No.1054 of 2021(4) dt.26-07-2021 2/2 furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ujiyarpur P.S. Case No. 163 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T