Vikas Kumar @ Bikash Kumar @ Bikash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2161 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- SIKRAUL District- Buxar ====================================================== Vikas Kumar @ Bikash Kumar @ Bikash Kumar Yadav, Son of Prem Yadav @ Prem Kumar Yadav, Resident of Village- Kharwaniya, Police StationSikraul, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2019 Heard Mr. Buxi S.R.P. Sinha, the learned senior counsel for the petitioner and the learned Additional Public Prosecutor for the State.

A supplementary affidavit has been filed on behalf of the petitioner annexing the affidavit as Annexure-2/A and the statement of the victim recorded under Section 164 Cr.P.C. Petitioner apprehends his arrest in Sikroul P.S. Case No.85 of 2018 registered under Sections 366(A) of the Indian Penal Code.

The informant, father of the victim, alleged that his daughter went to Sikroul High School on 28.07.2018 but she did not return. On enquiry, it transpired that Vikash Kumar Yadav, the petitioner, kidnapped his minor daughter.

Patna High Court Cr.Misc. No.2161 of 2019(3) dt.28-01-2019 2/2 Learned counsel for the petitioner submits that the victim is a major girl. She herself stated in her statement under Section 164 Cr.P.C. that she passed 10+2 examination from Sikroul High School in the year 2018. The date of birth of the victim as mentioned in the mark-sheet of Bihar School Examination Board is 1st February, 1999. The date of occurrence is 28.07.2018. On the date of occurrence, the victim was major. Victim disclosed that she voluntarily left her house and solemnized marriage with the petitioner.

Considering the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Sikroul P.S. Case No.85 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T