Patna High CourtCR. MISC./21865/2015bail granted

Ratnesh Singh @ Ratnesh Kumar v. The State Of Bihar

2015-07-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21865 of 2015 Arising Out of PS.Case No. -330 Year- 2014 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. RATNESH SINGH @ RATNESH KUMAR S/o Ghnshyam Singh Resident of Village- Semari, P.s Palanwa, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-07-2015 Heard the Counsel for the petitioner and Mr. Dayal, APP for the State.

The petitioner is facing accusation in Raxaul P.S. Case No. 330 of 2014 registered under Section 366A/34 of the Indian Penal Code The F.I.R. alleges that minor daughter of the informant was kidnapped by the petitioner. The victim girl appeared for her statement under Section 164 Cr.P.C. and disclosed her age as 19 years. The Magistrate assessed her 18 years of age. In her statement, she has stated about her willful marriage with the petitioner. The medical assessment of the age as reflected from Annexure-3 is between 17-18 years. Taking into account the aforesaid facts, I am persuaded to privilege the petitioner with the anticipatory bail. In the event

Patna High Court Cr.Misc. No.21865 of 2015 (2) dt.09-07-2015 2/2 of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Rasaul at Motihari, East Champaran in Raxaul P.S. Case No. 330 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U