Birendra Kumar Singh @ Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14030 of 2016 Arising Out of PS.Case No. -170 Year- 2014 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. BIRENDRA KUMAR SINGH @ BIRENDRA KUMAR son of Ram Sagar Singh, resident of village- Raja Punas, P.S.- Ahiyapur, DistrictMuzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/ : Mr. Ajay Kumar Thakur Mr. Ishtiyaque Ahmad For the Opposite Party : Mr. Pronati Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ahiyapur Police Station Case No. 170 of 2014, disclosing offences under Section 366A/34 of the Indian Penal Code.

The allegation against the petitioner is that he induced the minor daughter of the informant to elope with him for the purpose of marriage.

Learned Counsel for the petitioner submits that the victim girl after having returned has made her statement under Section 164 of the Code of Criminal Procedure and in her statement, she has not made any allegation of any kind of misbehaviour by the present

Patna High Court Cr.Misc. No.14030 of 2016 (2) dt.18-04-2016 2/2 petitioner. He submits that probably because the family members of the victim girl were not ready to accept the relationship between the petitioner and the victim girl, the present First Information Report has been lodged. Considering the facts and circumstances, this application is allowed.

Let the petitioner, Birendra Kumar Singh @ Birendra Kumar, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur Police Station Case No. 170 of 2014, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √ T √