Shital Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37951 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Shital Patel S/o Late Beyas Patel Resident of village - Sugaha, P.S. Kangali, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 366A/34 of the Indian Penal Code and after investigation chargesheet has been submitted also under Section 2 (vi) of the Prevention of Children from Sexual Offences Act. Allegation against the petitioner along with other accused persons is to have enticed away the eldest daughter of the informant on the pretext of marriage. It is also alleged that they took away golden ornaments worth Rs.1,50,000/- from the house of the informant.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 28.2.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. As per prosecution case, the victim girl was abducted for the purpose of marriage. From perusal of para-6 of the case diary it appears that there was love affair between the victim girl and the petitioner.

Patna High Court Cr.Misc. No.37951 of 2015 (3) dt.02-11-2015 2 / 2 From perusal of 164 Cr. P. C. statement of the victim, it is evident that petitioner had not misbehaved with the victim while she was in his custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned 1st Addl. District and Sessions Judge cum Special Judge, Bettiah, West Champaran, in connection with Kangali P.S. Case no. 7 of 2015. (Sudhir Singh, J) sudip/- U T