Rishav Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39083 of 2017 Arising Out of PS.Case No. -159 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Rishav Sharma, Son of Bhagirath Sharma, Resident of Village-Mathurapur, P.S.-Nathnagar, District-Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Nathnagar P.S. Case No. 159 of 2017 instituted for the offence under Sections 366(A), 504 and 506/34 of the Indian Penal Code. It is alleged in the written report that daughter of the informant, aged about 17 years was kidnapped by this petitioner with other accused persons.
The victim girl has given her statement under Section 164 Cr. P.C. stating her age to be 19 years. She has stated in her statement that she has love affair with this petitioner and she has performed court marriage with this petitioner also. In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the
Patna High Court Cr.Misc. No.39083 of 2017 (3) dt.30-08-2017 2/2 petitioner, named above, within six weeks from today, in connection with Nathnagar P.S. Case No. 159 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 Additional Chief Judicial Magistrate, Bhagalpur, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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/- U T