Amar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46152 of 2018 Arising Out of PS.Case No. -551 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Amar Kumar, S/o Kailash Tanti, R/o Vill.- Mathurapur, P.S.- Khagaria, District- Begusarai.
... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khagaria P.S. Case No.551 of 2017 instituted for the offence under Sections 363 and 366/34 of the Indian Penal Code.
It is alleged in the written report that the informant has performed marriage of his daughter on 04.05.2017. She lived in her Sasural for 10 days and thereafter returned to her Naihar. It is further alleged that on 19.07.2017, petitioner enticed daughter of the informant and took her away with him.
The victim girl has given statement under Section 164 of Cr. P. C., wherein she has stated that she had voluntarily gone with this petitioner and also performed marriage with him in Ludhiyana. In the statement recorded under Section 164 Cr. P.C. she has stated her age as 18 years and the court below has assessed
Patna High Court Cr.Misc. No.46152 of 2018 (2) dt.16-08-2018 2/2 her age to be 18 years also.
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 Khagaria P.S. Case No.551 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 Chief Judicial Magistrate, Khagaria, 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.Ali/- Rohit Kr.
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