Himanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44886 of 2018 Arising Out of PS.Case No. -73 Year- 2017 Thana -DANDARI District- BEGUSARAI ======================================================
1. Himanshu Kumar S/o Birendra Sah @ Birendra Kumar Sah, R/o Vill.- Dandari, P.S.- Dandari, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Dandari P.S. Case No. 73/2017, instituted for the offences punishable under Sections 363 and 366A of the Indian Penal Code. Learned counsel for the petitioner submits that the victim girl has given her statement under Section 164 Cr.P.C. stating therein that she has voluntarily married with this petitioner. In her statement under Section 164 Cr.P.C., the victim girl has stated her age to be 18 years.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six
Patna High Court Cr.Misc. No.44886 of 2018 (2) dt.08-08-2018 2/2 weeks from today, in connection with Dandari P.S. Case No. 73/2017, 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 learned Judicial Magistrate 1st Class, Begusarai, subject to the conditions as laid down under Section 438(2) of the 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 tamper 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.) Rakhi U T