Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58644 of 2021 Arising Out of PS. Case No.-234 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== DEEPAK KUMAR S/o NAGENDRA RAI @ MUNNA RAI R/o VILLAGEREWASI, P.S-RIGA, DISTRICT-SITAMARHI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 234 of 2021 registered for offence punishable under sections 363, 366A of the Indian Penal Code. At the very outset, the learned counsel for the petitioner has submitted that the victim is major and in her statement recorded under Section 164 of the Code of Criminal Procedure, she has denied the occurrence of kidnapping and she has stated that she has solemnized marriage with the petitioner.
Patna High Court CR. MISC. No.58644 of 2021(3) dt.12-09-2022 2/2 Though, the statement of the victim is not on the record. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 234 of 2021, subject to condition as laid down under section 438(2) Cr. P.C. Further condition is that the learned court below shall verify the submission of the learned counsel for the petitioner with the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and only thereafter, his bail bond shall be accepted.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/Nirmal U T