Patna High CourtCR. MISC./37062/2017bail granted

Santosh Kumar v. The State Of Bihar

2017-08-10Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37062 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Santosh Kumar Son of Sri Jai Nath Prasad, R/o Village- Fatehpur, P.S.- Khajakalan, District- Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pranav Kumar, Advocate For the Opposite Party : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under section 366A of the IPC. On 01.05.2017 FIR has been lodged by the informant alleging that his daughter was missing and from making enquiry he learnt that the petitioner took her away for performing marriage with her.

Submission is made on behalf of the petitioner that on the basis of such allegation petitioner was arrested on 01.05.2017. Further submission is that the alleged victim girl was recovered just two days after lodging of the FIR and in the statement under section 164 Cr.P.C. she stated that on her own volition she had gone to her Mausi's house. A copy of the said statement is contained in Annexure 2 to the petition. He also placed on record Annexure 4, a petition filed by the informant himself before the

Patna High Court Cr.Misc. No.37062 of 2017 (2) dt.10-08-2017 2/2 court below, to the effect that his daughter had herself gone to the Mausi's house, and he mistakenly filed the instant case. Petitioner has no antecedent and is in custody since 01.05.2017. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in Sri Krishnapuri Police station Case No. 112 of 2017.

(Madhuresh Prasad, J) Shashi.

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