Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34297 of 2018 Arising Out of PS. Case No.-56 Year-2017 Thana- DHANKUND District- Banka ====================================================== Mukesh Kumar, Son of Kapil Paswan, Resident of Village- Bagroeya, P.S.- Dhankund, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Dhankund P.S. case no. 56 of 2017 instituted for the offence under Section 366A/34 of the Indian Penal Code.

The case diary has been received. The statement of the victim girl recorded under Section 164 Cr. P.C. has also been received from the learned Court below wherein she has stated that she has voluntarily gone with petitioner and performed marriage with petitioner. The victim girl has stated her age to be 18 years. The Court has also assessed her age to be 18 years. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.34297 of 2018(3) dt.26-07-2018 2/2 weeks from today in connection with Dhankund P.S. case no. 56 of 2017, G.R. No. 2873 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 the ACJM-IV, Banka, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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) shyambihari/- U T