Patna High CourtCR. MISC./42137/2016bail granted

Pintoo Kumar @ Pintoo Yadav v. The State Of Bihar

2016-12-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.42137 of 2016 (4) dt.09-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42137 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -ALIPUR District- GAYA ======================================================

1. Pintoo Kumar @ Pintoo Yadav Son of Chanderdeo Yadav Resident of Village- Malda, P.S Alipur, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 09.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 366 and 120B/34 of the Indian Penal Code.

Petitioner is said to have kidnapped the informant's daughter who was major at the time of alleged occurrence. The victim and the petitioner were caught from the house of relation of the petitioner. The statement of victim was recorded under section 161 Cr.P.C in which she supported the story of her kidnapping but I.O did not take any step to get statement of victim recorded under section

164. Moreover, victim does not have any complain of sexual assault. Petitioner is in jail custody since 25.3.2016 and submission on behalf of the petitioner is that victim was in love with the petitioner and, as a matter of fact, she, herself, eloped from her house. Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.42137 of 2016 (4) dt.09-12-2016 the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate VI, Gaya in Alipur P.S. Case no. 27/2016.

shahid (Hemant Kumar Srivastava,J) U T