Prince Kumar Kapri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17763 of 2016 Arising Out of PS.Case No. -107 Year- 2016 Thana -BANKA District- BANKA ====================================================== Prince Kumar Kapri, S/o Sri Barun Kapri, Resident of Village- Lakrikola, Police Station- Banka, District- Banka.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate.

For the Opposite Party/s : Mr. Renuka Rawakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMJAR MISHRA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Banka P.S. Case No. 107 of 2016, registered under Section 366A/34 of the Indian Penal Code.

The prosecution case is that on 20.02.2016 at about 10.30 P.M., the informant after taking the dinner along with the family members slept, when she awoke in the morning, she found the main door was opened and her daughter Minakshi Kumari, aged about 17 years and six months was not in the house. On search no trace was found. In the day at about 12.00 Noon, daughter of the informant called the informant through mobile No. 7654711046. Later on, informant contacted on that mobile number then it was replied that Prince Kumar (Petitioner)

Patna High Court Cr.Misc. No.17763 of 2016 (2) dt.29-04-2016 2/2 and his brother and mother had kidnapped her daughter for the purpose of marriage.

Learned counsel appearing on behalf of the petitioner submits that, in fact, there is love affairs in between the petitioner and Minakshi Kumari, daughter of the informant, who left her house according to her sweet will and performed marriage with the petitioner. The statement of Minakshi Kumari has been recorded under Section 164 of Cr.P.C. on 27.02.2016 in which she stated about moving from her house according to her sweet will and performing the marriage with this petitioner saying that she wants to live with this petitioner. At the time of recording her statement the age of Minakshi Kumari has been assessed as 18 years and she has disclosed her age as 19 years. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No.107 of 2016.

(Rajendra Kumar Mishra, J) manish/- U T