Arunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46366 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== ARUNJAY KUMAR S/o Sri Rajendra Singh @ Rajendra Prasad Singh Resident of Village- Khaira, P.S.- Narari Kala Khurd, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Narari Kala Khurd P. S. Case No. 14 of 2019 instituted for the offence under Section 366(A) of the Indian Penal Code.

Counsel for the petitioner, referring to the First Information report, deposition of victim girl, namely, Anshu Kumari, recorded under Section 164 Cr. P.C; as well as the statement of victim girl recorded in course of investigation by the police, points out that three different versions are presented at three different stages. It is submitted that based on extraneous

Patna High Court CR. MISC. No.46366 of 2019(3) dt.27-09-2019 2/3 consideration the petitioner, who, as per statement made under Section 164 Cr. P.C., is the cousin brother of the victim, has been falsely implicated in this case.

In the instant case petitioner is in custody since 21.5.2019.

Learned APP for the State opposed the prayer for bail. It is submitted that the offence is alleged against the minor girl. Having considered the rival submissions of the parties, prayer for bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate- IInd Class, Aurangabad, in connection with Narari Kala Khurd P. S. Case No. 14 of 2019, subject to the following conditions:-

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his

Patna High Court CR. MISC. No.46366 of 2019(3) dt.27-09-2019 3/3 bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T