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Patna High CourtCR. MISC./27000/2017allowed

Raja Kumar @ Nitish Kumar v. The State Of Bihar

2017-07-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27000 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -DELHA District- GAYA ====================================================== Raja Kumar @ Nitish Kumar, son of Satendra Singh, Resident of VillageBagich (Back Side of Delha P.S.), P.S.- Delha, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Delha P.S. Case No. 53 of 2017 for the offences punishable under sections 341, 323, 366 (A), 354, 504, 506 and 509 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner and daughter of the informant have joined wedlock on 23.3.2017 and they are living happy conjugal life. It appears from the statement of the alleged victim (Annexure-2 to this petition) is that she has voluntarily left her parents house along with the petitioner for wedlock and she has voluntarily joined wedlock and she did not wish to stay with her

Patna High Court Cr.Misc. No.27000 of 2017 (3) dt.06-07-2017 2/2 parents.

It appears from Annexure-3 to this petition i.e. the opinion of the Doctor that the age of the victim girl is about 19 years.

In paragraph 11 of this petition it has been mentioned that the parties have filed a compromise petition and settled the dispute.

In the peculiar facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VII, Gaya or Successor Court in connection with Delha P.S. Case No. 53 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and he will not, in any manner, tamper with the evidence and influence the witnesses.

(Anil Kumar Upadhyay, J) Mahesh/- U T