Patna High CourtCR. MISC./662/2019bail granted

Sattan Rai v. The State Of Bihar

2019-03-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.662 of 2019 Arising Out of PS. Case No.-18 Year-2017 Thana- NTPC District- Bhagalpur ====================================================== Sattan Rai, son of Late Dhukhi Rai, resident of Village- Koriya, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 13-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in NTPC Kahalgaon P.S. Case No.18 of 2017 instituted for the offence under Section(s) 363, 366-A, 376, 372, 373 Indian Penal Code.

Counsel for the petitioner submits that occurrence has taken place on 28.11.2016 and First Information Report has been lodged on 28.4.2017 after delay five months. Initially, First Information Report was lodged against unknown. The informant has alleged in the written report that his daughter, who is student of class 9 had gone to school on 28.11.2016, but she did not return.

Counsel for the petitioner submits that during course of investigation victim was recovered and she has given

Patna High Court CR. MISC. No.662 of 2019(3) dt.13-03-2019 2/2 statement under Section 164 Cr.P.C. levelling allegation against the petitioner. It is further submitted that victim has performed marriage with the petitioner. The victim earlier had applied for registration of marriage under Special Marriage Act along with Affidavit, which has been enclosed as Annexure-3. Petitioner is in custody since 01.05.2018 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with NTPC Kahalgaon P.S. Case No.18 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T