Vinod Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62338 of 2017 Arising Out of PS.Case No. -302 Year- 2017 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ====================================================== Vinod Singh, S/o Ram Darash Singh, R/o village- Tendua, P.S.- Kargahar, District- Rohtas. .... .... Petitioner/s

Versus

1. State of Bihar

2. Paras Chaudhary, S/o Late Jhuri Chaudhary, R/o village- Mohania, P.S. Mohania, District-Kaimur(Bhabhua). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Sunil, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Complaint Case No. 302 of 2017 instituted for the offence under Sections 406,420/34 of the IPC.

Counsel for the petitioner has submitted that the marriage of daughter of the informant was fixed with son of this petitioner. The daughter of the informant fled away and did not perform marriage with the son of the petitioner. She has performed marriage with another boy. Thereafter, the informant has filed the instant case. It has further been submitted that when the daughter of informant fled away with another boy, the complainant has filed Mohania P.S. Case No. 49 of 2017, under Section 366/34 of the IPC against accused persons in which the victim girl had appeared and gave her statement under Section 164 of Cr.P.C., stating therein that she has voluntarily married with Banarasi Kunwar Ray

Patna High Court Cr.Misc. No.62338 of 2017 (2) dt.20-12-2017 2/2 on 14.12.2016 at Bhaluni Dham (Rohtas).

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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 302 of 2017 to the satisfaction of learned Judicial Magistrate, 1st Class, Kaimur (Bhabhua) 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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) khushbu/- U T