Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60435 of 2017 Arising Out of PS.Case No. -648 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Sunil Kumar, S/o Late Baijnath Chaudhary, R/o Village- Nanoura Dih, P.S.- Nawada, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sheo Shankar Kumar For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nawada Town PS case no. 648 of 2017 registered for the offences punishable under Sections 341, 323, 324, 493, 504 of Indian Penal Code.

The allegation leveled by the informant is that while she was having a love affair with the petitioner herein, the said love affair was discovered by the mother wherefter, the mother ousted the victim girl. Accordingly, the victim girl came to the house of the petitioner but the family members of the petitioner badly abused and assaulted her.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.60435 of 2017 (3) dt.09-01-2018 2/2 there is no allegation of assault as far as the petitioner is concerned as well as there is no allegation of rape hence, atleast, the petitioner deserves privilege of anticipatory bail. It is further submitted that the petitioner is stated to be having a clean antecedent.

Having regard to the facts and circumstances of the case, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Nawada Town PS case no. 648 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J.) rinkee/- U T