Santosh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4853 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== 1.

Santosh Kumar son of Suresh Sah 2.

Suresh Sah son of Late Mohan Sah 3.

Mukesh Sah son of Suresh Sah All residents of Village-Simri,P.S-Vidyapatinagar,Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2019 This is an application for grant of anticipatory bail in connection with Vidyapati Nagar P.S. Case No. 60 of 2018, disclosing offences under Sections 363, 366A/34 of the Indian Penal Code.

Allegation against the petitioners and other accused persons of kidnapping of the minor daughter of the informant. Submission of learned counsel for the petitioners is that as a matter of fact, she had love affair with the son of petitioner no.2 and due to that she eloped with him and later on she was recovered and her statement has been recorded under Section 164 Cr.P.C., in which she has not supported the prosecution case, rather she has stated that she had gone with

Patna High Court CR. MISC. No.4853 of 2019(4) dt.05-04-2019 2/2 her own sweet will and married with the son of petitioner no.2 and it further appears that the medical board has assessed her age between 17.5-19 years.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd Dalsinhgsarai, Samastipur, in connection with Vidyapati Nagar P.S. Case No. 60 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T