Rahul Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53990 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -SIMRI District- - ======================================================

1. RAHUL KUMAR @ RAHUL, Son of Ravindra Rai, Resident of VillageRupauli, Police Station- Bishanpur, District- Darbhanga. A/p Resident of Jogania, P.S.- Gaighat, Dist- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jagdish Prasad, Advocate. Mr. Alok Kumar Alok, Advocate.

For the State : Mr. Sanjay Kumar Singh, Advocate. For the informant : Mr. Sanjay Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Simri P.S. Case No. 44 of 2018 instituted for the offence under Sections 365 and 366(A)/34 of the Indian Penal Code.

Counsel for the petitioner submits that victim girl herself has filed petition before learned Chief Judicial Magistrate, Darbhanga, stating that she had gone with Phool Babu and has performed marriage with him. She is living with him also. Supplementary affidavit has been filed on behalf of the petitioner today. Let it be kept on the record. In paragraph-8 of the supplementary affidavit it has been stated that victim has filed

Patna High Court Cr.Misc. No.53990 of 2018 (4) dt.01-11-2018 2/2 Criminal Writ petition vide Token No. 110043 of 2018 before the Hon'ble Court seeking protection of life of herself and her husband Phool Babu from father of the informant and even at the time of giving statement under Section 164 Cr. P.C. she wanted protection.

Petitioner is brother-in-law of Phool Babu. He has no concern with the affairs of daughter of the informant and Phool Babu.

Petitioner is said to be in custody since 17.04.2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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, Darbhanga, in connection with Simri P.S. Case No. 44 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T