Deepak Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23031 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- JALE District- Darbhanga ====================================================== Deepak Kumar Sah Son Of Mahesh Sah @ Mahesh Sahu Resident Of Village/Mohalla- Narauchh Dham P.S. Jalley Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jalley P.S. Case no. 147 of 2020 instituted for the offence under Sections 363, 366A and 34 of the Indian Penal Code. As per allegation in the FIR, petitioner had abducted the minor daughter of the informant with a view to marry her. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Judicial Magistrate has assessed her age as 18 years and

Patna High Court CR. MISC. No.23031 of 2021(3) dt.24-01-2022 2/2 the victim girl herself has stated her age as 19 years. In the statement of victim girl recorded under Section 164 Cr.P.C., she has not made any allegation of kidnapping against the petitioner rather she has accepted that out of her own sweet will, she has performed marriage with him. Presently she is also living with this petitioner.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jalley P.S. Case no. 147 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Darbhanga subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U