Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13973 of 2015 Arising Out of PS.Case No. -58 Year- 2013 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Pramod Kumar Son of Sri Sankar Pandey resident of Village Chakdanis Nayatola, P.s. Muffasil, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gouranga Chatterjee, Advocate For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-04-2015 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 366A/34 of the Indian Penal Code.

It is alleged that the informant's daughter returned to her house on 20.06.2013 and disclosed that on 30.05.2013 at about 11 P.M. when she went outside to answer the call of nature, accused persons took her to Bombay for marriage purposes and kept her in confinement.

It is submitted by the learned counsel for the petitioner that though the petitioner was not named in the First Information Report, but the name of the petitioner sprang up during 164 Cr.P.C. statement. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.13973 of 2015 (2) dt.03-04-2015 petitioner that the victim is married lady. The First Information Report was lodged with inordinate delay and there was no occasion for the victim not to disclose the name of the petitioner, when the First Information Report was lodged. The 164 Cr.P.C. statement of the victim suggests that the victim went to Mumbai of her own. Considering the delayed lodging of the case after return of the victim from the captivity and petitioner being not named in the First Information Report, statement has been made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai in connection with Mathihani P.S. Case No. 58 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T