Abhisekh Kumar @ Chotu Kumar @ Chotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2256 of 2019 Arising Out of PS. Case No.-108 Year-2017 Thana- GAYA MUFASIL District- Gaya ====================================================== Abhisekh Kumar @ Chotu Kumar @ Chotu Bhola Mistri Resident of VillageGobraha, P.S-Belaganj, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-07-2019 The petitioner is personally present in Chambers, however, the victim girl is not present due to her illness. Heard learned Counsel for the petitioner, learned Counsel for the victim girl and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Mufassil Police Station Case No. 108 of 2017, disclosing offences under Section 366A/34 of the Indian Penal Code. The allegation against the petitioner is that he abducted the daughter of the informant, aged about 19 years. Learned Counsel for the petitioner submits that the daughter of the informant was recovered and in her statement, under Section 164 of the Code of Criminal Procedure, 1973, she has accepted that she has voluntarily gone with the petitioner

Patna High Court CR. MISC. No.2256 of 2019(6) dt.01-07-2019 2/2 and has performed marriage with the petitioner in Pahari Temple, at Allahabad. He further submits that the police, after investigation, has submitted final report, not sending the petitioner for trial. However, the learned Court below has differed with the final report and has taken cognizance against the petitioner.

Learned Counsel for the victim girl submits that the petitioner has performed marriage with the daughter of the informant and he should take responsibility of his wife and should also maintain her.

After having heard learned Counsel for the parties and taking into consideration the statement of the victim girl, under Section 164 of the Code of Criminal Procedure, 1973, this application is allowed.

Accordingly, the provisional bail granted to the petitioner by order, dated 18.01.2019, is hereby confirmed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √