Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47901 of 2017 Arising Out of PS.Case No. -185 Year- 2017 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Rajesh Kumar, son of Wakil Singh @ Wakil Mahaldar, resident of Village- Sripur, P.S.- Bhawanipur, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bhawanipur P.S. Case No.185 of 2017 instituted for the offence under Section(s) 363, 366-A/34 Indian Penal Code.

Victim girl has appeared in Chambers along with Petitioner. Victim girl, on query, has stated her age as 19 years, whereas, Petitioner has stated his age as 23 years. Both have stated that they got married and are living happily. Separate Affidavits have been sworn both by the Petitioner and the victim girl stating therein that they have performed marriage. Copies of the Affidavits have been annexed as Annexure-2 series. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.47901 of 2017 (3) dt.01-11-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bhawanipur P.S. Case No.185 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Purnea, 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) JA/- U T