In a bail appeal, the Patna High Court, considering the victim's statement and the petitioner's clean antecedents, enlarged the petitioner on bail subject to furnishing bonds and sureties within a specified period.
Bail granted if the petitioner arrests or surrenders within six weeks by filing bonds of Rs. 10,000 and two sureties of the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64253 of 2021
Arising Out of PS. Case No.-127 Year-2019 Thana- SONEPUR District- Saran
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VIKASH KUMAR Son of Lal Babu Mahto Resident of Village - Kharika , P.S.- Sonepur, Distt.- Saran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Shyameshwar Kumar Singh For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 23-05-2022 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offence under Section 363 and 366(A) of the Indian Penal Code.
It is submitted on behalf of petitioner that the victim girl in her statement recorded under Section 164 Cr.P.C. has stated that she left the house with her own will and went to Lucknow with the petitioner and solemnized marriage with him in a temple on 26.02.2019 and she wants to live with petitioner. She disclosed her age to be 20 years. Petitioner claims clean antecedent.
Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioner, in the event of his
Patna High Court CR. MISC. No.64253 of 2021(2) dt.23-05-2022 2/2
arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Sonepur P.S. Case No. 127 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Singh, J)
anay/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail to appear in a case involving offences under sections 363 and 366(A) of the Indian Penal Code upon meeting bail bond conditions.
1 provisions across 1 enactments
VIKASH KUMAR
THE STATE OF BIHAR
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
