Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12272 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== Deepak Kumar aged about 25 years (Male) Son of Triloki Nath Chaudhary Resident of Mohalla - Gudri Main Road, Rajendra College, P.S. Bhagwan Bazar, District- Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Chapra Town P.S. Case No. 148 of 2018 registered under Sections 366A of the Indian Penal Code. Learned counsel for the petitioner submits that family of the petitioner and that of the informant are well known to each other. It is because of this acquaintance the victim girl Priya Kumari developed the love affair which led to their marriage against the will of the family. It is submitted that a certificate of registration of marriage issued by the Marriage Registration Officer, Balia would show that the date of birth of the victim girl is

Patna High Court CR. MISC. No.12272 of 2019(2) dt.05-03-2019 2/3 19.01.2000, thus having attained 18 years of age, she has married with the petitioner and both of them are living together. Annexure-3 is said to be the affidavit in support of this fact shown by the victim girl which has been filed in the court below.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner submitting that the victim girl is minor and not of 18 years of age. Having heard learned counsel for the petitioner and learned A.P.P. for the State, considering the marriage certificate and the affidavit present at Annexure-2 & 3 of the present application, which would show that the date of birth of the victim girl is 19.01.2000 and she has married with this petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, Saran, in connection with Chapra Town P.S. Case No. 148/2018, subject to condition that petitioner shall join investigation

Patna High Court CR. MISC. No.12272 of 2019(2) dt.05-03-2019 3/3 by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T