Dharmendra Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19825 of 2018 Arising Out of PS. Case No.-91 Year-2017 Thana- PANAPUR District- Saran ====================================================== Dharmendra Bhagat, Son of Sri Kapil Bhagat, Resident of Village-Panapur, P.S.-Panapur, District-Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.
The petitioner apprehends arrest in Panapur P.S. Case No. 91 of 2017, G.R. No. 4527 of 2017 instituted for the offence under Sections 363,366-A of the IPC.
The informant has alleged that his daughter aged 14 years went for call of nature, but she did not return. Search was made and informant heard rumor in the village that the accused persons as named in the written report has kidnapped his daughter. Thereafter, the victim girl has been recovered and gave her statement under Section 164 Cr.P.C., wherein, she has clearly stated that she was having love affair with one Pappu Ram. She has performed marriage with Pappu Ram in temple. She has stated her age 21 years. The learned court below has assessed her age as 19 years.
Patna High Court Cr.Misc. No.19825 of 2018(4) dt.15-05-2018 2/2 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 bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Panapur P.S. Case No. 91 of 2017, G.R. No. 4527 of 2017 to the satisfaction of the learned Additional Chief Judicial Magistrate-Ivth, Saran at Chapra, 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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) khushbu/- U T