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Patna High CourtCR. APP (SJ)/514/2019allowed

Sudhir Manghi v. The State Of Bihar

2019-03-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.514 of 2019 Arising Out of PS. Case No.-419 Year-2017 Thana- BAKHTIYARPUR District- Patna ====================================================== SUDHIR MANGHI Son of Ram Chandar Manghi Resident of VillageSabani, P.S.- Bakhtiyarpur, District- Patna ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ramji Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-03-2019 Heard the parties.

The appellant is apprehending his arrest in connection with SPL No.712 of 2017 arising out of Bakhtiyarpur P.S.Case No.419 of 2017 , registered for offences punishable under Sections 363, 364, 366(A),342/34 of the Indian Penal Code, Section 12 of Protection fo Children From Sexual Offences Act, Section 9, 10, and 11 of Prohibition of Child Marriage Act and Section 3(1)(r)(s) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellant is of kidnapping of the daughter of the informant, who is minor.

Submission of the learned counsel for the appellant is that the statement of the girl has been recorded under Section 164 Cr.P.C., in which she has disclosed her age as 18 years and stated that she had gone on her own sweet-will with the appellant. Heard learned Spl.P.P. also.

Patna High Court CR. APP (SJ) No.514 of 2019 dt.05-03-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SPL Judge SC/ST, Patna in connection with SPL No.712 of 2017 arising out of Bakhtiyarpur P.S.Case No.419 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date