Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.785 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -WARISNAGAR District- SAMASTIPUR ======================================================
1. Rahul Kumar Son of Nanhe Paswan Resident of village- Dholi, Police Station- Sakra, District- Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-02-2018 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 Warisnagar PS case no. 131 of 2017 registered for the offences punishable under Section 366/34 of Indian Penal Code.
The case of the prosecution is that the co-accused persons had kidnapped the victim girl and had sent her along with the petitioner to Delhi, however there is no allegation of sexual assault.
The learned counsel for the petitioner submits that the matter has already been compromised between the parties and the fact is that the victim girl has also appeared before the Court
Patna High Court Cr.Misc. No.785 of 2018 (3) dt.13-02-2018 2/2 and accepted the factum of compromise. It is further submitted that the petitioner is having a clean antecedent and the victim girl and the petitioner herein were having love affairs. Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, 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, Samastipur in connection with Warisnagar PS case no. 131 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