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Patna High CourtCR. MISC./3760/2019bail granted

Dharmendra Kumar @ Dharmendra Ram v. The State Of Bihar

2019-01-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3760 of 2019 Arising Out of PS. Case No.-320 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Dharmendra Kumar @ Dharmendra Ram, Son of Sitaram Ram, Resident of Ambedkar Colony, Baswariya, P.S. Bettiah Town, District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2019 Heard both sides.

Petitioner apprehends his arrest in Bettiah Town P.S. Case No.320 of 2018 registered under Sections 363 and 366A of the Indian Penal Code and under Section 8 of the POCSO Act. The informant alleged that she and her daughter were going to her parents' house. The daughter of the informant became traceless while she was purchasing some articles from Meena Bazar. The informant alleged that during the course of search she came to know that Dharmendra Ram, Sitaram Ram, Virendra Ram, Ravindra Ram and Jitendra Ram kidnapped her daughter.

Learned counsel for the petitioner submits that the victim appeared and made her statement under Section 164

Patna High Court Cr.Misc. No.3760 of 2019(2) dt.25-01-2019 2/2 Cr.P.C. in which she disclosed her age to be 20 years and she further disclosed that she voluntarily solemnized marriage with the petitioner. While she was living in her Sasural, her parents came and brutally assaulted her.

Considering the fact that the victim herself denied the factum of her kidnapping and the victim is a major girl, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No.320 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T