Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17616 of 2016 Arising Out of PS.Case No. -520 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Govind Kumar, Son of Upendra Mahto, Resident of village- Jagir Mohalla, Ward No.-31, P.S.- Town, District- Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mahendra Narain Choudhary, son of Late Ram Nandan Choudhary, Ward No.28, Shiv Mandir, Lohiya Nagar, Begusarai .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate For the S t a t e : Mr. Ram Naresh Roy (APP) Fort the Informant : Mr. Raj Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Begusarai Town P.S. Case No.520 of 2015 for allegedly having committed the offence under Section 366A of the Indian Penal Code.

Diary in the present case was called for, which has since been received.

After hearing the learned counsel for the petitioner and the learned counsel appearing for the informant and on perusal of the case diary, it appears that the victim girl had left her home on her own on account of being chided by her grandfather. Thereafter, she went with the petitioner and stayed with him after

Patna High Court Cr.Misc. No.17616 of 2016 (5) dt.17-10-2016 2/2 getting married the very following day till 27.9.2015. It is strange why the victim girl did not escape in the intervening period nor did she inform anybody, though it was a strange place. In the statement under Section 164 Cr.P.C. the victim girl though named the petitioner, the medical report, which has come to this Court, does not indicate that there was any element of force used on her and it has been stated that she is a married woman.

Considering the entire facts and circumstances of the case, the nature of allegations made and also that the petitioner has no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No.520 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T