Amarnath Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 5831 of 2016 Arising Out of PS.Case No. -85 Year- 2013 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ====================================================== Amarnath Rai son of Ram Prasad Rai resident of village Sastaul, P.S. Tisiauta, District Vaishali.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
23-02-2016 Heard Sri Manoj Kumar Singh, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Tisiauta P.S. Case No. 85 of 2013 registered for the offence under Sections 363, 365, 366(A), 120(B)/34 of the Indian Penal Code, has prayed for grant of anticipatory bail.
It was submitted by learned counsel for the petitioner that the victim girl, who was major, had voluntarily gone with the petitioner. During investigation, the statement of victim girl was recorded under Section 164 of the Cr.P.C. The photocopy of the statement of the victim girl has been brought on record, as Annexure - 2 to the present petition. By way of referring to
Patna High Court Cr.Misc. No.5831 of 2016 (2) dt.23-02-2016 2/2 statement, he submits that victim had disclosed her age as 18 years and she had made categorical statement that she had voluntarily married with the petitioner and she wants to live with him. In view of facts and circumstances, particularly; statement of the victim girl, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Amarnath Rai be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 85 of 2013, subject to condition as laid down under Section 438 (2) of the Cr.P.C.
(Rakesh Kumar, J.) Anay U T