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Patna High CourtCR. MISC./47304/2018bail granted

Raja v. The State Of Bihar

2018-08-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47304 of 2018 Arising Out of PS. Case No.-38 Year-2014 Thana- TELHARA District- Nalanda ====================================================== Raja S/o Rajeshwar Raut, resident of Village- Maahadi Pur, P.S.- Telhara, District Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rewti Kant Raman For the Opposite Party/s :

Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Telhara P.S. Case No. 38 of 2014 instituted for the offence under Section(s) 363 and 366A/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that in the written report, there is allegation against Sonu Kumar of enticing away the daughter of the informant along with this petitioner. The victim girl has given her statement under Section 164 Cr.P.C., wherein, she has stated that she was taken by Sonu Kumar with the help of this petitioner. Learned Sessions Judge, Nalanda (Hilsa) has mentioned in the impugned order that in course of hearing of the bail petition, victim girl has appeared in the court and stated that she has performed marriage with Sonu

Patna High Court Cr.Misc. No.47304 of 2018(2) dt.30-08-2018 2/2 Kumar and has been living with him.

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 Telhara P.S.Case No. 38 of 2014, 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 Mr. Sunil Kumar, J.M. 1st Class, Hilsa, Nalanda; 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 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.