Patna High CourtCR. MISC./55458/2017bail granted

Md. Gulrej @ Gulraj @ Chhotu v. The State Of Bihar

2017-12-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55458 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================

1. Md. Gulrej @ Gulraj @ Chhotu, son of Md. Islam, resident of VillageAra Patti, P.S.- Jalai, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Mahisi P.S. Case No. 80 of 2017 instituted for the offence under Sections-366A/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the victim girl has appeared and given statement u/S 164 of the Cr.P.C. wherein she has stated that she had love affairs with the petitioner and she has performed marriage with him. The victim girl in her statement has stated her age to be 19 years and the court has also assessed her age 17 years.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on

Patna High Court Cr.Misc. No.55458 of 2017 (2) dt.18-12-2017 2/2 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Mahisi P.S. Case No. 80 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Saharsa subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T