Ram Kalash Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17721 of 2016 Arising Out of PS.Case No. -291 Year- 2015 Thana -GAYGHAT District- MUZAFFARPUR ======================================================
1. Ram Kalash Roy son of Surinder Roy Roy Resident of Village- West Patsharma, P.S. Gay Ghat, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pradeep Narayan Kumar, Adv. For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Gayghat P.S. Case No. 291 of 2015 registered for the offence under Section-366A of the Indian Penal Code.
It is contended on behalf of petitioner that allegedly his motorcycle was used for kidnapping of daughter of the informant. It is contended that the statement of the victim girl has been recorded u/S 164 of the Cr.P.C. in which she has disclosed her age to be 20 years, whereas, the concerned court has assessed her age to be 18 years and, as such, obviously the victim was major at the time of alleged occurrence. In her statement, the victim has stated that she had willingly gone with the co-accused Pappu and
Patna High Court Cr.Misc. No.17721 of 2016 (3) dt.25-05-2016 2/2 she has married with the said Pappu. She has not uttered single word against the petitioner.
Having regard to the facts and circumstances of the case as well as submission of the parties, the petitioner named above, in the event of his arrest or surrender in the court below within four weeks shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Gayghat P.S. Case No. 291 of 2015 to the satisfaction of Shri R. K. Roy, learned Judicial Magistrate-Ist Class, Muzaffarpur subject to conditions as laid down u/S 438(2) of the Cr. P.C.
(Dr. Ravi Ranjan, J) A.K.V./- U T