Chandrabir Prasad @ Karmbir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54610 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -SINDHWARA District- DARBHANGA ======================================================

1. Chandrabir Prasad @ Karmbir Kumar S/o Mahesh Prasad, R/o Vill.- Vishwanath Patti, P.S.- Singhwara, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Sunil Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363/366A/504/506/34 of the Indian Penal Code. The impugned order would reveal that the victim stated in her statement before the Magistrate under Section 164 Cr.P.C. that she had voluntarily married with the petitioner. However, subsequently she resiled from her statement and stated that on the pressure of accused she gave her statement before the Magistrate, that is why the learned Sessions Judge had refused anticipatory bail to the petitioner.

Since conflicting evidence of the victim is there,

Patna High Court Cr.Misc. No.54610 of 2018 (2) dt.25-10-2018 P2/ let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Courtbelow where the case is pending in connection with Singhwara Police Station Case No. 49 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./R.RanjanU T