Aman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7203 of 2024 Arising Out of PS. Case No.-228 Year-2021 Thana- SHAMBHUGANJ District- Banka ====================================================== Aman Kumar Singh Son of Sadanand Singh Resident of Village-Mahua, P.S.- Dhankund, Distt.-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md.Najmul Hodda, Advocate For the Opposite Party/s :

Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Shambhuganj PS case no. 228 of 2021, disclosing offences punishable under Section 366A/34 of the Indian Penal Code. 3.

The prosecution story, as per the First Information report, is that the daughter of the informant, aged about 17 years, was abducted/ kidnapped by the petitioner for the purposes of marriage.

4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case for the reason that the petitioner and the victim were having love affairs. He further submits that the victim has disclosed her age in her statement made under Section 164 Cr.P.C. before the learned

Patna High Court CR. MISC. No.7203 of 2024(2) dt.20-02-2024 2/2 Magistrate as 18 years and also the medical board has assessed her age between 17-18 years. He next submits that in her statement made under Section 164 Cr.P.C., the victim girl has stated that she had love affairs with the petitioner and she went along with him on her sweet will and has also solemnized marriage. He also submits that from the wedlock, one child has been born. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl recorded under Section 164 Cr.P.C. before the learned Magistrate, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, 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 learned A.C.J.M.-IV, Banka in connection with Shambhuganj PS case no. 228 of 2021, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T