Rupesh Singh @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51015 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Rupesh Singh @ Rupesh Kumar Son of Sri Pankaj Singh, Resident of Village-Bhadoy, P.S. and District-Shekhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Pirpainti (Bakharpur) P.S. Case No. 93 of 2017 instituted for the offence under Sections366A, 506/34 of the Indian Penal Code. The informant has alleged that his minor daughter has been kidnapped by this petitioner.

It has been submitted on behalf of the petitioner that there was love affairs between the petitioner and daughter of the informant. Both have solemnized marriage and in support of which, marriage photographs and the letter written by the victim girl to the learned CJM has been annexed as Anenxure-2 series. The victim girl in her letter written to learned CJM has stated that she has voluntarily married with this petitioner and she wants to live with him. The victim girl has given her statement u/S 164 of the

Patna High Court Cr.Misc. No.51015 of 2017 (3) dt.21-11-2017 2/2 Cr.P.C. wherein she has stated that she has voluntarily married with this petitioner. The victim girl has stated her age as 19 years and court has also assessed her age as 19 years.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his 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 Pirpainti (Bakharpur) P.S. Case No. 93 of 2017 to the satisfaction of learned Ist A.D.J., Bhagalpur 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