Patna High CourtCR. MISC./7900/2016bail granted

Rakesh Kumar Yadav v. The State Of Bihar

2016-04-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7900 of 2016 Arising Out of PS.Case No. -332 Year- 2015 Thana -BIRAUL District- DARBHANGA ====================================================== Rakesh Kumar Yadav S/o Ganga Prasad Yadav, R/o village- Kaladih, P.s.- Biraul, District- Darbhanga .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Satyendra Kumar Srivastava For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Biraul P.S.Case No. 332/2015, disclosing offences under sections 363, 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner has drawn my attention to the statement of the victim recorded under section 164 of the Cr.P.C. at Annexure 2. He contends that the victim has admitted that her father and the present petitioner are on inimical terms. He further submits that the victim has not alleged any misbehaviour on the part of the petitioner. He also contends that there is no chance that the petitioner will flee from the course of investigation in the facts and circumstances of the present case.

Patna High Court Cr.Misc. No.7900 of 2016 (2) dt.06-04-2016 Considering the submissions as above, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 the A.C.J.M., Biraul (Darbhanga) in Biraul P.S.Case No. 332/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U