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Patna High CourtCR. MISC./52721/2019allowed

Gautam Kumar v. The State Of Bihar

2019-08-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52721 of 2019 Arising Out of PS. Case No.-228 Year-2018 Thana- SILAO District- Nalanda ====================================================== GAUTAM KUMAR Son of Naresh Paswan Resident of Village- Tetariya, P.S.- Silao, District- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-08-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Sessions Trial No. 131 of 2019 arising out of Silao P.S. Case No. 228 of 2018 for the offenses under Section 366(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. Referring to the statement of the victim under Section 164, he submits that the victim in her statement has not mentioned about overt act or violence committed by the petitioner with the victim. The petitioner is in custody since 25.10.2018.

Considering the statement of the victim under Section 164 Cr.P.C. and the fact that the petitioner has no criminal

Patna High Court CR. MISC. No.52721 of 2019(2) dt.29-08-2019 2/2 antecedent, let the petitioner, above named, be enlarged 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 Additional Sessions Judge-III cum- Special Judge (Excise), Nalanda at Biharsharif in connection with Sessions Trial No. 131 of 2019 arising out of Silao P.S. Case No. 228 of 2018. (Anil Kumar Upadhyay, J) spandey/- U T