Jiyalal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35953 of 2018 Arising Out of PS.Case No. -247 Year- 2017 Thana -PAROO District- MUZAFFARPUR ====================================================== Jiyalal Rai, Son of Birendra Rai, resident of Village- Baijalpur, P.S. Paroo, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate. For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Paroo P.S. Case No. 247 of 2017 instituted for the offence under Sections 363 and 366(A)/34 of the Indian Penal Code.

It has been submitted that victim girl has given her statement under Section 164 Cr. P.C. wherein she has stated that she had gone with the petitioner voluntarily and solemnized marriage with him in temple out of her free will. She expressed her desire to live with the petitioner. The victim girl has disclosed her age as 20 years and the court has assessed her age to be 20 years at the time of recording her statement. The victim girl was also medically examined wherein the Doctor has assessed her age between 18-19 years.

Patna High Court Cr.Misc. No.35953 of 2018 (3) dt.18-07-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Paroo P.S. Case No. 247 of 2017, 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 learned Additional Chief Judicial Magistrate (West), Muzaffarpur, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) S.Ali/- U T