Patna High CourtCR. MISC./16350/2017bail granted

Diwakar Yadav @ Diwakar Kumar v. The State Of Bihar

2017-04-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16350 of 2017 Arising Out of PS.Case No. -147 Year- 2010 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Diwakar Yadav @ Diwakar Kumar, S/o Sri Pramil Yadav, resident of village - Bargaon, P.S. Hasanpur, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 The petitioner is apprehending his arrest in connection with Hasanpur P.S. Case No. 147 of 2010, registered for offences punishable under Sections 366A and 34 Indian Penal Code. It has been submitted on behalf of the petitioner that though the case is under Section 363 and 366A/34 of Indian Penal Code but the girl has been recovered and she in her statement recorded under Section 164 Cr.P.C. has not made any allegation against the petitioner and also, police after investigation submitted final form in this case, however, learned Magistrate differing with the opinion of I.O. took cognizance against the petitioner. Petitioner is student of engineering and has nothing to do with the alleged offence.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.16350 of 2017 (2) dt.08-04-2017 2/2 Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that in this case, girl has been recovered and her statement under Section 164 Cr.P.C. has been recorded, in which she has not made any allegation against the petitioner, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Rosera at Samastipur in connection with Hasanopur P.S. Case No. 147 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Vinod Kumar Sinha, J) sunil/- U T