Abhimanu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17433 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -RAJPUR District- SASARAM (ROHTAS) ======================================================

1. Abhimanu Singh S/O Umesh Singh Resident of village- Kapasia, P.S.- Rajpur/Nasriganj, District- Rohtas (Sasaram) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 366 (A) and 34 of the I.P.C Allegedly, the minor daughter of the informant was kidnapped by the petitioner and during investigation her statement has been recorded under section 164 of the Cr.P.C. wherein she has supported the allegation of kidnapping and further that she was forced to marry and her several signatures were obtained on plain papers.

Submission is of false implication and that the victim girl as a matter of fact being major solemnized her marriage with her own sweet will, the doctor who has examined the victim has found her age between 18-19 years and further there is no allegation of committing sexual assault and the doctor has also not

Patna High Court Cr.Misc. No.17433 of 2016 (3) dt.30-06-2016 2/2 found any sign of rape, other co-accused have been allowed bail, the fardbeyan has been recorded after delay of one month and as such the petitioner deserves sympathetic consideration. The learned A.P.P. submits that the victim girl has supported the allegation of kidnapping and forcible marriage but it is true that she has not stated regarding any sexual harassment with her.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Rohtas at Sasaram in Rajpur/ Nasriganj P.S. Case No. 42 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T