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Patna High CourtCR. MISC./73361/2018bail granted

Anil Kumar Soni v. The State Of Bihar

2018-12-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73361 of 2018 Arising Out of PS. Case No.-534 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Anil Kumar Soni Son of Sri Ram Sah, Resident of Village-Banaul, P.S.- Nanpur, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Ahiyapur P. S. case no. 534/2018 registered under sections 363 and 366A of the IPC.

The impugned order of learned Sessions Judge, Muzaffarpur goes to show that victim has returned to her home and her statement was recorded. The victim disclosed her age as 19 years and specifically, stated that she solemnized her marriage with the petitioner by her own sweet will. However, it appears that learned Sessions Judge rejected prayer for anticipatory bail of the petitioner only on the ground that the victim was minor at the time of alleged occurrence.

Patna High Court Cr.Misc. No.73361 of 2018(2) dt.20-12-2018 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind the statement made by the victim in her statement recorded under section 164 Cr.P.C, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Ahiyapur P. S. case no. 534/2018 subject to condition as laid down under section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) s.hassan/- U T