Saryug Kumar Roy @ Saryug Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61645 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- DARBHANGA District- Darbhanga ====================================================== SARYUG KUMAR ROY @ SARYUG KUMAR RAY S/o Rajdeo Roy @ Rajdev Ray R/o village- Nabtol Patsara Ghaunghour, P.S.- Rajnagar, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. I.K. Sah For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 363 & 366(A) of the Indian Penal Code, registered in connection with Town P. S. Case No. 79 of 2019.

3. It is submitted that the petitioner has been falsely implicated and, as a matter of fact, the informant's daughter was major on the date of occurrence and has voluntarily solemnized marriage with the petitioner, as noticed in the order of the learned Sessions Judge, Darbhanga. Her date of birth is 29.03.2001, as is evident from her Aadhaar Card (Annexure-2).

4. A statement is made at the Bar that the petitioner and the informant's daughter are living together as husband and

Patna High Court CR. MISC. No.61645 of 2019(2) dt.01-10-2019 2/3 wife.

5. Be that as it may, in the event of petitioner's arrest or surrender within four weeks hereof, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Town P.S. Case No. 79 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

Patna High Court CR. MISC. No.61645 of 2019(2) dt.01-10-2019 3/3 (v) That the petitioner shall produce the informant's daughter along with her original Aadhaar Card before the learned court below at the time of surrender.

6. The provisional bail granted to the petitioner shall be confirmed by the learned court below upon verification and satisfaction by it that the informant's daughter was major on the date of occurrence and had voluntarily solemnized marriage with the petitioner, conversely, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) HR/- U T