Shiv Kumar Rana @ Shiva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9849 of 2016 Arising Out of PS.Case No. -313 Year- 2015 Thana -SHERGHATI District- GAYA ====================================================== Shiv Kumar Rana @ Shiva, son of Rajendra Rana @ Raju Rana, Resident of Village- Barahi Gaya Road, Police Station- Barahi, District- Hzaribagh (Jharkhand).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Kr. Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sherghati P.S. Case No. 313 of 2015, registered under Section 366(A)/34 of the Indian Penal Code.

The accusation is that on 20.11.2015, daughter of the informant aged about 17 years, did not return to her house from Sherghati Bazar. In course of search, it has come in the knowledge of the informant that petitioner and his family members kidnapped his daughter with intent to perform marriage with the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the statement of victim has been recorded

Patna High Court Cr.Misc. No.9849 of 2016 (3) dt.28-04-2016 2/2 under Section 164 of Cr.P.C. in which she had stated about her kidnapping by this petitioner and unknown and carrying her Gurgaon, where physical relationship was developed by this petitioner. The age of the victim has been assessed as 17 years and 06 months in her medical examination. Further submission is that, in fact, there was love affairs in between the petitioner and the daughter of informant, who used to reside at the house of her aunt and the aunt of the victim has also stated about love affairs of the petitioner and daughter of the informant, as detailed in para 08 of the case diary. The petitioner having no criminal antecedent is in custody since 07.12.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 the Addl. Chief Judicial Magistrate, Sherghati, Gaya in connection with Sherghati P.S. Case No. 313 of 2015. (Rajendra Kumar Mishra, J.) manish/- U T