Laxman Sah @ Laxman Kumar Sah @ Laxman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2733 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -DAGARUA District- PURNIA ====================================================== Laxman Sah @ Laxman Kumar Sah @ Laxman Kumar, Son of Late Bishwanath Sah, Resident of Village- Makeli, P.S.- Dagarua, DistrictPurnea. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Umanath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dagarua P.S. Case No. 41 of 2017 instituted for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code.
In the written report it is alleged that this petitioner along with other accused persons have kidnapped the minor daughter of the informant.
The statement of victim girl has been recorded under Section 164 Cr. P.C. wherein she has stated her age as 16 years and the court below has assessed her aged to be 17 years. She stated in her statement under Section 164 Cr. P.C. that she voluntarily married with this petitioner in temple and wants to live with this petitioner.
Patna High Court Cr.Misc. No.2733 of 2018 (2) dt.07-02-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dagarua P.S. Case No. 41 of 2017, he shall 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 Additional Chief Judicial Magistrate, 2nd, Purnea, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.