Dinesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6062 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dinesh Ram Son of Langtu Ram Resident of village - Shankar Saraiya, P.S. Turkaulia, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nautan (Jagdishpur) Police Station Case No. 69 of 2015, disclosing offences under Section 366A of the Indian Penal Code.

Learned Counsel for the petitioner has drawn my attention to the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, and submits that there is material contradiction between the statement of the informant, which is the basis for institution of the First Information Report and the statement of the victim, under Section 164 of the Code of Criminal

Patna High Court Cr.Misc. No.6062 of 2016 (2) dt.24-02-2016 2/3 Procedure. He further submits that there is no allegation of misbehaviour made by the victim in her statement under Section 164 of the Code of Criminal Procedure and contends that the victim appears to have made the statement under some pressure.

Considering the background in which the case has been instituted and the fact that the vict5im has not alleged any misbehaviour in her statement under Section 164 of the Code of Criminal Procedure against the petitioner, this application is allowed.

Let the petitioner, Dinesh Ram, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Nautan (Jagdishpur) Police Station Case No. 69 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the same may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be

Patna High Court Cr.Misc. No.6062 of 2016 (2) dt.24-02-2016 3/3 cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √