Arunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16848 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- SULTANGANJ District- Patna ====================================================== ARUNJAY KUMAR son of Anil Singh resident of Mohalla - New Area Maula Bagh near Escort Office, Police Station - Daudnagar, District - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant. Petitioner apprehends his arrest in Sultanganj P.S. case no.5 /2018 instituted for the offence under Section(s) 376,506 and 494/34 of the Indian Penal Code.

In the written report it is alleged that petitioner sexually exploited the informant on the pretext of marriage for two years. Thereafter he performed marriage with her in temple and after marriage he started misbehaving with her. It is further alleged that informant learnt that this petitioner has performed another marriage with some other girl.

Learned counsel for the informant has appeared and submitted that there are materials in the case diary that this

Patna High Court Cr.Misc. No.16848 of 2018(3) dt.30-04-2018 2/3 petitioner was on talking terms with informant. Learned APP submits that there are CDR report which shows that petitioner was regularly talking with the informant. Learned counsel for the petitioner has submitted that victim girl did not become ready for medical examination. Therefore no medical examination was done. The victim girl was aged about 31 years and even if any act was done with her such have been done with her consent.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sultanganj P.S. case no.5/2018, 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 the learned ACJM-VI, Patna City, Patna 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

Patna High Court Cr.Misc. No.16848 of 2018(3) dt.30-04-2018 3/3 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) shyambihari/- U T