Achche Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58088 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -PATORI District- SAMASTIPUR ====================================================== Achche Kumar, S/o Ram Kishun Rai, resident of Village- Araiya, P.S.- Patori, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1, Adv. For the Opposite Party/s : Mr. Sri Arun Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is permitted to correct the date of custody of the petitioner in para-7 of the petition. Petitioner seeks bail in a case registered for the offences punishable under Sections 366,376 (D) of the Indian Penal Code.

According to FIR, the petitioner had some affairs with the wife of the informant. For that reason, there was some Panchayati also but the petitioner did not mend himself and alongwith co-accused Ajay Kumar abducted to the wife of the informant. The victim lady stated before the police that she was under the custody of petitioner and coaccused Ajay Kumar for two days, both had ravished against her. Co-accused Ajay Kumar has already been allowed bail for the reason that he was found juvenile by the learned

Patna High Court Cr.Misc. No.58088 of 2017 (4) dt.12-02-2018 Juvenile Justice Board.

Submission is that the petitioner is in custody since 16.05.2017 and the statement of the victim is under pressure of the family members. In fact, whatever allegation is there, the victim was a consenting party and even after escape from the clutches of kidnappers, she did not approach the police rather she went to her maternal uncle's house from where she was recovered.

Learned counsel for the informant opposed the prayer for bail for the reason that statement of victim is against the petitioner.

Considering the entire facts let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with S.Trial No. 525 of 2017 arising out of Patori Police Station Case No.80 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T