Punit Patel v. The State Of Bihar

Patna High Court Cr.Misc. No.28485 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28485 of 2017 Arising Out of PS.Case No. -179 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Punit Patel Son of Sri Chaturi Patel @ Amerika Patel Resident of Village-Bhitha, Mukhiya Ji Tola, P.S.- Bairiya, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Sri Rajendra Singh Shastri, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Bettiah Town P.S. Case No. 179 of 2017, registered for the offences punishable under Section 366A/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that although in the F.I.R., there is an allegation that the informant came to know that the present petitioner had taken away her daughter, however, on return the daughter of the informant has given her statement under Section 164 Cr.P.C., in which she has stated she had gone to her maternal uncle's house because she

Patna High Court Cr.Misc. No.28485 of 2017 (2) dt.07-07-2017 was not getting good treatment from her parents. Learned counsel has drawn my attention towards Annexure-3 to show that the Chief Medical Officer who has examined the daughter of the informant found that the girl is aged about 18-19 years. The medical examination report says that there was no injury found on the external and internal genitallia. The petitioner has got no criminal antecedent.

However, learned A.P.P. for the State opposes the prayer for bail referring to the allegation made in the F.I.R. However, on the face of two documentary evidences 164 statement and the medical examination report, I am inclined to grant regular bail, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 179 of 2017, subject to condition, as laid down under Section 437(3) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) siddharth/- U T