Gautam Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.28064 of 2017 (2) dt.22-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28064 of 2017 Arising Out of PS.Case No. -282 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Gautam Kumar, son of Bhushan Singh.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Sri Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Lalganj P.S. Case No. 282 of 2016, registered under Section 366(A)/34 of the Indian Penal Code.

The accusation is of kidnapping the minor sister of informant by this petitioner with the help of Jogeshwar Paswan. Learned counsel for the petitioner submits that there was love affair in between the petitioner and the victim, sister of the informant, and she moved from house with this petitioner according to her own sweet will and performed the marriage with this petitioner on 21.11.2016 at Vaishnav Devi Temple, Calcutta. It is further submitted that the statement of the victim was recorded under Section 165 Cr.P.C., in which, the Magistrate has

Patna High Court Cr.Misc. No.28064 of 2017 (2) dt.22-06-2017 recorded her age as 15 years while in the F.I.R. her age was detailed as 14 years. Further submission is that petitioner in custody since 07.03.2017.

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.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 282 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T