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Patna High CourtCR. MISC./19136/2017bail granted

Pawan Kumar v. The State Of Bihar

2017-07-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19136 of 2017 Arising Out of PS.Case No. -800 Year- 2014 Thana -NAWADA District- NAWADA ====================================================== Pawan Kumar, Son of Surendra Prasad Yadav @ Siya, Resident of Village- Inarvadih, P.S.- Sirdala, District-Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Upadhyay For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State as also counsel for the Informant. In this case, the petitioner is apprehending his arrest in connection with Nawada Nagar P.S. Case No. 800 of 2014 registered for offences under sections 366A, 120B of the Indian Penal Code.

As per prosecution case, the victim and the parents were coming to Patna but due to some urgent work, the girl was left to the Nawada bus stand along with the present petitioner. When the parents returned there, both of them were not found. In the confessional statement of the victim girl under Section 164 of the Cr.P.C., she has stated that she was taken away by the petitioner. So there is a contradiction about the place of

Patna High Court Cr.Misc. No.19136 of 2017 (2) dt.06-07-2017 occurrence, inasmuch as, the girl, before the Mahila Helpline, Nawada, has made a complaint that she has entered into marriage with the petitioner but, the petitioner does not talk with her. Looking to the entire facts and circumstances of the case, let the petitioner, namely, Pawan Kumar, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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, Nawada in connection with Nawada Nagar P.S. Case No. 800 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shivaji Pandey, J) Rishi/- U T