Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3454 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -MANSI District- KHAGARIA ====================================================== Arvind Kumar, son of Rajaram Singh, resident of village-Ekaniya, P.S. Mansi, District-Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 08-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mansi P.S. Case No.62 of 2016 registered under Sections 366(A)/34 of the Indian Penal Code.

The accusation is that on 30.03.2016 in the evening at about 07.00 P.M., the daughter of the informant, had gone to recharge the mobile at the shop of Bikram Kumar in the village but she did not return. In course of her search, the informant came to know that Arvind Kumar (petitioner) with the help of Vikram Kumar, Dharvendra Kumar, Nitish Kumar and Jiva Kumar have kidnapped his daughter forcibly.

Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.3454 of 2017 (3) dt.08-03-2017 2/3 submits that, in fact, the petitioner and the informant are covillager. Due to love affair with the petitioner, the daughter of the informant left her house according to her own sweet will with the petitioner and both performed the marriage at Chandi Asthan, Munger. Thereafter, the petitioner and the daughter of the informant went to Ludhiana and after staying about more than one month there, both returned to the house. Thereafter, the daughter of the informant gave her statement under Section 164 of the Code of Criminal Procedure in support of the fardbeyan of the informant about her kidnapping by this petitioner and four others and also committing rape on her by this petitioner at several places.

In her statement, recorded under Section 164 of the Code of Criminal Procedure, the daughter of the informant has stated her age as 16 years but in medical examination, her age has been assessed in between 17-18 years. The petitioner having no criminal antecedent is in custody since 20.10.2016. Moreover, the chargesheet has already been submitted against the petitioner. 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.

Patna High Court Cr.Misc. No.3454 of 2017 (3) dt.08-03-2017 3/3 P.S. Case No.62 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T