Manjesh Kumar @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 17832 of 2024 Arising Out of PS. Case No.-142 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== Manjesh Kumar @ Munna Kumar SON OF Sukhdev Mahto @ Sugdeo Mahto Village-Kurhadih, P.S. -Sikandra, Dist.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE KHATIM REZA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2 The petitioner apprehends arrest in connection with Sikandra PS Case No 142 of 2021 dated 02.06.2021 instituted under Sections 366A/34 of the Indian Penal Code. 3 The prosecution case is that the petitioner forcibly kidnapped the daughter of the informant for the purpose of marriage.

4 The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The victim girl appeared before the Magistrate and recorded her statement under Section 164 of Cr P C on the request of police. In her statement, she claimed her age as 19

2/4 years and learned Court below also assessed her age as 19 years. It is further submitted that she came with a specific stand that she is major and got married with the petitioner out of her own sweet will and now want to join the family of her husband (petitioner). Then learned Court allowed her to go with her Nanad, i e, sister of the husband of the victim. It is submitted that when the bail application of brother of petitioner (coaccused) was pending, the father of the victim girl appeared and filed admission register of the school and claimed her as minor. Thereafter, the learned Court below agreed with the claim of the informant (father of the girl) and allowed her custody in favour of the informant.

It is also submitted that after some time, when good sense prevailed in between the families, then the informant allowed the victim to join her in-laws' family. She is, at present, residing with the petitioner as his wife and has been blessed with a baby boy and the petitioner and his wife are leading their happy life with their newly born baby. The learned counsel for the petitioner further submits that now the victim is major and she has solemnized marriage out of her own sweet will, though against the wish of her father, with the petitioner and presently residing with her husband. It is submitted that petitioner has eight cases against him in which he is on bail.

3/4 5 Learned APP has opposed the prayer for bail.

4/4 in that case, the prosecution will be at liberty to move for cancellation of bail.

7 The application stands allowed.

(Khatim Reza, J) M.E.H./- U T