Chandan Kumar @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16451 of 2018 Arising Out of PS. Case No.-345 Year-2017 Thana- RANIGANJ District- Araria ====================================================== Chandan Kumar @ Chandan Yadav S/o Jay Kumar Yadav Resident of Village-Hasanpur, P.O. Meriganj, P.S. Raniganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Karn For the Opposite Party/s :

Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Raniganj P.S. Case No. 345 of 2017 registered for the offence punishable under Sections 366(A) of the Indian Penal Code.

Informant is the father of victim who in his written complaint has stated that his minor daughter on 18.09.2017 at about 10:30 am had gone to school but thereafter she did not return and he apprehends that the petitioner has kidnapped his daughter and FIR was lodged on 21.09.2017. However, the alleged offence is of 18.09.2017. The girl was recovered and in her statement under section 161 of the Cr.P.C before the police has stated that she had gone with the petitioner with her own volition and sweet will, however, in her statement under section

Patna High Court Cr.Misc. No.16451 of 2018(3) dt.13-04-2018 2/2 164 of the Cr.P.C before the Magistrate recorded on the same day, she had given a different version that three unknown persons have kidnapped her. She has also admitted that when she was in Punjab, she was talking with her mother and was made to make statement that she is living there properly and petitioner is taking all care of her and she will be returning to her house soon. The girl was medically examined and the medical board assessed her age to be between 18 to 20 years and also not found any type of injury either on internal or external part of the body and has also not found any sign of sexual assault. Petitioner has got no criminal antecedent and is in custody since 28.10.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 345 of 2017.

(S. Kumar, J) ranjan/- U