Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9332 of 2016 Arising Out of PS.Case No. -326 Year- 2014 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Sujit Kumar Son of Raghu Mandal, resident of Village- Bara, P.S.- Simraha, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Mandal, Advocate For the Opposite Party/s : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 365, 366A/34 of the Indian Penal Code.
Accusation is of abducting the minor daughter of the informant.
It is submitted by the learned counsel for the petitioner that in 164 Cr.P.C. statement the victim got her age recorded 14 years, the Court assessed her aged 15 years and during medical examination doctor found her aged between 1516 years. She has stated in her 164 Cr.P.C. statement that she was in love with petitioner and she established physical relationship with him of her own sweet will.
It is submitted by the learned counsel for the
Patna High Court Cr.Misc. No.9332 of 2016 (2) dt.01-03-2016 petitioner that victim has not supported the accusation of abduction. The informant has retracted from the initial version and filed a petition to that effect before learned court below. Considering the fact that the victim has been found minor, this Court is not inclined to grant bail to the petitioner. But let the learned court below consider the prayer for regular bail of the petitioner keeping in view of the fact that the victim of her own went with the petitioner to perform marriage, informant has retracted from the initial version and now from the wedlock the victim has a child also, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Forbesganj (Simraha) P.S. Case No. 326 of 2014, pending in the court of learned Chief Judicial Magistrate, Araria.
With the above observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T