IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33492 of 2010
ANIKET KUMAR
Versus
THE STATE OF BIHAR
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02/ 05.10.2010 Heard learned counsel appearing on behalf of the
petitioner and the State.
The petitioner apprehends his arrest in connection
with Paraiya P.S. Case No. 57 of 2010 for offence punishable
under Section 363 and 366A of the Indian Penal Code.
Learned counsel, with reference to the statement of
the victim girl made under Section 164 of the Code of Criminal
Procedure placed at Annexure-2 of the application as also the
subsequent statement made through a petition dated 30.6.2010
addressed to the Chief Judicial Magistrate placed at Annexure-
3/1 of the application submits that the plain reading of the
statements of the victim girl demonstrates that no case either
under Section 363 or Section 366A is made out as against the
petitioner. Learned counsel, with reference to the petition dated
30.6.2010 (Annexure-3/1), submits that the victim girl herself
has admitted that the petitioner had neither kidnapped nor he had
subjected her to any physical act. He thus submits that in these
circumstances, the prayer of the petitioner may be considered.
Having regard to the circumstances, let the
petitioner Aniket kumar, in the event of his arrest/surrender
within a period of four weeks from the date of receipt/production
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of a copy of this order, be released on bail on furnishing bail
bond of Rs. 10,000/- (rupees ten thousand) with two sureties of
the like amount each to the satisfaction of Chief Judicial
Magistrate, Gaya in connection with Paraiya P.S. Case No. 57
of 2010, subject to the conditions set out in Section 438(2) of the
Code of Criminal Procedure.
S.Sb/- (Jyoti Saran, J.)