Nand Kishore Kumar @ Nand Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5856 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- BANGARA District- Samastipur ====================================================== Nand Kishore Kumar @ Nand Kishore Rai S/O GIRANAND RAI @ Gvirjanand Rai Village- Sarmaspur Chauk, Ps. Sakra, Dist. Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Adv For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2024 Heard learned cousnel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused / petitioner is named in the FIR and apprehending his arrest in a case registered for the offences punishable under Section 363 and 366 of the Indian Penal Code.

3. The allegation against this petitioner to kidnapped Niece ( Bhanji) of the informant along with other co-accused persons/ family members for the purpose to solemnized her marriage against her will.

4. Learned counsel for the petitioner submitted that during the course of investigation, statement of victim was recorded under section 164 of the Cr.P.C, where it is categorically stated by her that she is 18 years old and she left

Patna High Court CR. MISC. No.5856 of 2024(2) dt.17-02-2024 2/2 her father house on his own will. It is further stated thereof that the petitioner was called by victim herself and thereafter, she solemnized her marriage out of her own sweet will with petitioner. It is submitted that the petitioner is a man of clean antecedent.

5. Learned APP for the State opposes the prayer of bail.

6. In view of the aforesaid fact and circumstances and by taking note of fact that the victim girl categorically stated that she went out from the house on her own sweet will to solemnize marriage with petitioner as recorded under section 164 of the Cr.P.C where petitioner is a man of clean antecedent, accordingly, in the event of his arrest or surrender within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000 ( Rupees Ten Thousand) each with two sureties of the like each to the satisfaction of the learned Judicial Magistrate 1st class Samastipur in connection with N.H.Bangra P.S.Case No. 97 of 2023, Subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) N.K/- U T