Patna High CourtCR. MISC./63662/2017bail granted

Shyam Kumar @ Shyam Sundar Das v. The State Of Bihar

2018-04-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63662 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -MAHILA P.S. District- BANKA ======================================================

1. Shyam Kumar @ Shyam Sundar Das, Son of Sri Rameshwar Das, resident of village Hasanpur P.S. Dhoraiya, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Das No.- 2 For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 493, 376, 504 and 506/34 of the Indian Penal Code.

The informant was in physical relation with the petitioner as the petitioner pretended to marry with her and subsequently refused to marry.

Submission of the learned counsel for the petitioner is that the petitioner is in custody since 22.08.2017. Even if the allegation is taken as its face value, the informant was a consenting party. Investigation of the case is already complete. The petitioner is ready to cooperate with the trial of the case. Learned counsel for the State opposed the prayer

Patna High Court Cr.Misc. No.63662 of 2017 (5) dt.30-04-2018 2/2 for bail on the basis of statement of the victim recorded under Section 164 Cr.P.C.

Considering the facts aforesaid, especially, the fact that informant appears to be a consenting party, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Banka Mahila Police Station Case No. 37 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/Sneha U T