Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12845 of 2016 Arising Out of PS.Case No. -261 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Satish Kumar son of Lal Babu Singh, Resident of Village- Sahpur Karim, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Soni, Advocate For the Opposite Party/s : Mr. P.K.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 363, 366, 366A, 379 of the Indian Penal Code. Accusation is of abducting the minor daughter of the informant.

It is submitted by the learned counsel for the petitioner that in 164 Cr.P.C. statement the victim got her age recorded 17 years, the Court also assessed as such. She in 164 Cr.P.C. statement also stated that co-accused Vikash Kumar abducted her, though Ramprit Singh, Jadami Singh and Sumitra Devi were also present there. Vikash Kumar took the victim along with jewellary kept in the house and used to ravish her. It is further stated that as per own statement of the victim she of her own returned. Vikash Kumar performed marriage

Patna High Court Cr.Misc. No.12845 of 2016 (2) dt.30-03-2016 with the victim and both residing together. Marriage certificate has been brought on record as Annexure-4. Statement to that effect has been made in para-8 of the petition which reads as follows:- "That thereafter the victim girl Chintamani Kumari again suo motu left her house and solemnized marriage with co-accused Vikash Kumar as per Hindu rites and customs in a temple and a marriage certificate was also issued on 22.09.2015."

Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Moreover, other accused persons whose name also transpired in the First Information Report have been granted anticipatory bail. Considering the thrust of accusation against Vikash Kumar, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Lalganj P.S. Case No. 261 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T