Patna High CourtCR. MISC./8867/2018bail granted

Om Prakash Rajwar v. The State Of Bihar

2018-03-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8867 of 2018 Arising Out of PS.Case No. -1146 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Om Prakash Rajwar, Son of Late Godhan Rajwar, Resident of VillageNahauna (Baradih), Police Station- Sasaram (M), District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 366A of the Indian Penal Code. The FIR was lodged on missing of the daughter of the informant.

The victim in her statement under Section 164 Cr.P.C. alleged kidnapping and commission of rape by the petitioner. However, she has filed a petition before the learned court below vide Annexure-4 stating therein that she has voluntarily compromised the case with the petitioner. Submission is that matter is of love affairs and under pressure of the parents statement under Section 164 Cr.P.C. was recorded with exaggeration.

Patna High Court Cr.Misc. No.8867 of 2018 (3) dt.26-03-2018 2/2 Learned court below shall verify the factum of filing of such petition by the informant and the victim girl and thereafter, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sasaram (Muffasil) Police Station Case No. 1146 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T