Chhotan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27236 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -BELA District- SITAMARHI ====================================================== Chhotan Kumar Son of Late Jai Narain Raut, Resident of Village- Khairwa , P.S.- Bela , District- Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Bela Police Station, Case No. 35 of 2016, disclosing offence under Section 366 (A) of the I.P.C.
Learned counsel for the petitioner has drawn my attention to the statement of the victim, recorded under Section 164 Cr.P.C., and has submitted that the victim stated her age to be 19 years, therefore, the allegation that she was minor on the date of occurrence, as alleged in the first information report, is false. Considering the submission, as above, this application is allowed.
Let the petitioner, above named, in the event of his
Patna High Court Cr.Misc. No.27236 of 2017 (2) dt.01-07-2017 2/2 arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi, in connection with Bela P.S. Case No. 35 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present his before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) khushbu/- U T