Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35480 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -TIKAPATTI District- PURNIA ======================================================

1. Roshan Kumar, Son of Mantu Mandal, Resident of Village Mehndi, P.S. Tikapatti, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 23.05.2017 in connection with Tikapatti P.S. Case No. 62/2017 for offences punishable under Sections 363, 366-A/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his granddaughter Shivani Kumari went to attend the call of nature at 10.00 P.M. and did not return. It is alleged that the petitioner along with three other named accused persons have taken his granddaughter for some illegal act. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and it was

Patna High Court Cr.Misc. No.35480 of 2017 (2) dt.17-08-2017 2/2 not a case of kidnapping, rather the victim girl and the petitioner had a love affair and both of them married each other out of their own sweetwill. He submits that the victim girl in her statement under Section 164 Cr.P.C. has affirmed the said marriage with the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri D. Prakash, learned Judicial Magistrate, 1st Class, Purnea, in connection with Tikapatti P.S. Case No. 62/2017. (Nilu Agrawal, J) Rajesh/- U T