Vishal Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2556 of 2016 Arising Out of PS.Case No. -409 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Vishal Kumar .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 363, 366(A) of the Indian Penal Code.

The prosecution case is of abducting the sister of the informant.

It is submitted by the learned counsel for the petitioner that the victim girl in course of her statement under section 164 of the Cr. P. C. gave her age as 18 years but the court assessed her age as 16 years. As per doctor's certificate the victim is 16-18 years of age. In her statement under section 164 of the Cr. P. C. she stated that she voluntarily went in the company of the petitioner and married with him. She has denied to have been kidnapped by the petitioner. The petitioner has never subjected her

Patna High Court Cr.Misc. No.2556 of 2016 (2) dt.18-01-2016 2/2 to physical abuse.

Considering the statement of the victim under section 164 of the Cr. P. C., let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Sitamarhi P.S. Case No. 409 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T