Ravi Chandra Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27094 of 2018 Arising Out of PS. Case No.-62 Year-2011 Thana- SARMERA District- Nalanda ====================================================== Ravi Chandra Gupta S/o Jai Prakash Gupta, R/o Gogardiha (Ghoghardiha), Neharu Chowk, P.S.- Ghoghardiha, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Sarmera P.S. case no. 62 of 2011 instituted for the offence under Sections 376 and 504 of the Indian Penal Code.

The victim girl has given her statement under Section 164 Cr. P.C. wherein she has stated that she was knowing this petitioner from before and several times physical relationship have also been established between the victim girl and the petitioner with her consent. The victim girl in her statement recorded under Section 164 Cr. P.C. has stated her age to be 34 years. The Court has assessed her age as 35 years. The statement of the victim girl is annexed as Annexure-3 to the bail petition. In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.27094 of 2018(3) dt.20-06-2018 2/2 petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sarmera P.S. case no. 62 of 2011, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and

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

(Sanjay Priya, J) shyambihari/- U T