Golu Kumar Sah @ Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41261 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Golu Kumar Sah @ Golu Kumar, Son of Arun Sah, resident of village - Rajakpur, P.S. Nawkothi, District Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh, Advocate. For the Opposite Party/s : Mr. Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Nawkothi P.S. Case No. 36 of 2017 instituted for the offence under Sections 366A/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that occurrence is said to have taken place on 24.04.2017 and the First Information Report has been registered on 02.05.2017 i.e. after delay of seven days. The victim girl has love affair with Kishan Kumar @ Krishna and she eloped with him. This petitioner has been named only on suspicion since he was also the student of intermediate and used to go with the victim girl for taking tuition. It has further been submitted that in paragraph-14 of the bail petition it is mentioned that the victim girl has solemnized
Patna High Court Cr.Misc. No.41261 of 2017 (3) dt.16-10-2017 2/2 marriage with Kishan Kumar @ Krishna and both are living in Karnal town situated in the State of Haryana. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Nawkothi P.S. Case No. 36 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Raghubir Prasad, learned Judicial Magistrate, 1st Class, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.