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Patna High CourtCR. MISC./70901/2019bail granted

Sanjeev Kant Verma@Sanjeet Kant Verma@Sanjeet Kumar Verma@Sanjeev Kant@Sanjeet Kant@Bitu Kumar@Bitu v. The State Of Bihar

2019-12-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70901 of 2019 Arising Out of PS. Case No.-649 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== SANJEEV KANT VERMA@SANJEET KANT VERMA@SANJEET KUMAR VERMA@SANJEEV KANT@SANJEET KANT@BITU KUMAR@BITU Son of Sashi Kant Verma @ Bhushan Kant Verma Resident of Village - Bhagwanpur, P.S.- Makhdumpur, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Pandey For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-12-2019 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel of the informant. Petitioner is in jail custody since 19.8.2019 in connection with Jehanabad P.S. Case No. 649/2019 registered for the offences punishable under Sections 365, 354, 506/34 of the Indian Penal Code.

Although there is allegation that petitioner along with others forcibly took away victim but submission on behalf of the petitioner is that the present case was lodged under misconception and, as a matter of fact, victim and petitioner were in love and victim herself left her home and came to the house of petitioner and, thereafter, they solemnized their marriage in a temple.

Learned counsel appearing for informant submits that

Patna High Court CR. MISC. No.70901 of 2019(3) dt.18-12-2019 2/2 the present case has been lodged under misconception and, moreover, the parties have already settled their dispute. The statement of victim has been recorded under Section 164 of the Code of Criminal Procedure, which goes to show that she has, halfheartedly, supported the prosecution story. Furthermore, the statement of victim goes to show that on the alleged date of occurrence, the petitioner caught her and forced her to accompany him and, thereafter, she went along with the petitioner. The victim also admitted that she solemnized her marriage with petitioner and, moreover, she was in constant touch with petitioner since two years prior to the alleged occurrence .

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 649/2019.

(Hemant Kumar Srivastava, J) Spd/- U T