Babi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15136 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== Babi Kumar, S/o Thaga Das, R/o village- Khairawa Khap, P.S.- Majorganj, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Majorganj P.S. Case No.176 of 2020, registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code. The allegation against the petitioner is that he enticed away the daughter of the informant with the help of others for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that the petitioner and the victim girl left their houses on their own for getting married. It is also submitted that the age of the girl has been assessed by the learned Magistrate as 17 years. It is submitted that the statement of the girl has been

Patna High Court CR. MISC. No.15136 of 2021(3) dt.07-10-2021 2/2 recorded u/s 164 Cr.P.C., in which the victim girl deposed that she had not been kidnapped by anyone rather she fled with the petitioner and got married with him. The petitioner is in custody since 19.11.2020.

Considering the fact that the victim girl and the petitioner have solemnized marriage with each other, let petitioner, above named, 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 the learned A.C.J.M., 1st, Sitamarhi in connection with Majorganj P.S. Case No.176 of 2020.

(Anjani Kumar Sharan, J) Sanjay/- U T