Lalit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58074 of 2017 Arising Out of PS.Case No. -184 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================

1. Lalit Kumar Sharma, son of Jayram Sharma, resident of Village- Jajauri, P.S.- Mahishi, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Mukund, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Mahishi P.S. Case No.184 of 2017 instituted for the offence under Section(s) 366-A/34 Indian Penal Code.

Counsel for the petitioner has submitted that victim girl has performed marriage with this petitioner and both are living happily as husband and wife. In respect of the aforesaid marriage, victim girl has filed a petition before the SubDivisional Judicial Magistrate, Saharsa, stating that she has performed marriage with this petitioner out of her own sweet will. Aforesaid petition has been annexed as Annexure-3. counsel for the petitioner has pointed out order-sheet of 06.10.2017, wherein, it has been mentioned by the learned SDJM, Saharsa,

Patna High Court Cr.Misc. No.58074 of 2017 (2) dt.19-12-2017 2/2 that age of the victim as per Aadhar Card is 19 years 25 days. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Mahishi P.S. Case No.184 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438(2) 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.