Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3686 of 2019 Arising Out of PS. Case No.-123 Year-2018 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Mukesh Kumar son of Naro Yadav, resident of Village- Nirmal Bigha, P.SMuffasil, District Nawada. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Mahesh Yadav, son of late Bhuna Yadav, resident of village Rajamma, P.S. Mufassil, District Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv.

For the State :

Mr.Ashok Kumar Singh, APP For the Informant :

Mr. Birendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-03-2019 This is an application for grant of anticipatory bail in connection with Mufassil P.S. Case No. 123 of 2018, disclosing offences under Sections 366(A)/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping the minor daughter of the informant.

Submission of learned counsel for the petitioner is that the girl has disclosed her age 19 years and the court has also assessed her age 19 years and further the girl has stated that she had gone with her own sweet will and married with the petitioner and this case has been lodged by her father. Further, the petitioner has no criminal antecedents.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court CR. MISC. No.3686 of 2019(3) dt.08-03-2019 2/2 informant, they have opposed the prayer for anticipatory bail of the petitioner stating that the girl is minor and she is aged about 13 years.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada, in connection with Mufassil P.S. Case No. 123 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is further subject to the condition that he will cooperate in investigation of the case and will appear as and when required by the police, otherwise his bail bonds shall be cancelled.

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