Rahul Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40954 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -KATEYA District- GOPALGANJ ======================================================

1. Rahul Sharma, Son of Sri Ram Sharma, Resident of Village- Bheriya, P.S.- Kateya, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Kateya P.S. Case No. 101 of 2017 instituted for the offence under Sections-363, 366, 498 of the Indian Penal Code.

There is allegation in the written report that this petitioner kidnapped the daughter of the informant when she had gone to attend call of nature.

The victim girl after recovery, made her statement u/S 164 of the Cr.P.C. wherein she has stated her age to be 20 years and the court has also assessed her age as 20 years.

From the statement of victim girl, recorded u/S 164 of the Cr.P.C., it appears that she was a consenting party. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his

Patna High Court Cr.Misc. No.40954 of 2017 (2) dt.06-09-2017 2/2 arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Kateya P.S. Case No. 101 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Gopalganj subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T