Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45056 of 2017 Arising Out of PS. Case No.-159 Year-2017 Thana- BARHARA District- Purnia ====================================================== Shivam Kumar son of Shankar Prasad, resident of Village- Sahpur, P.S.- Sahpur Kamal, District- Begusarai. At present resident of Village- Orlaha, P.S.- Barhara (Raghubansh Nagar), District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Adv For the Opposite Party/s :

Mr. SRI ABHAY KUMAR ROY, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the State.

The Petitioner who is in custody seeks bail in connection with Barhara (Raghubansh Nagar) P.S. Case No. 159 of 2017 registered for the offence punishable under Sections 363, 366(A)/34 of the Indian Penal Code. The allegation against the petitioner is of kidnapping the daughter of the informant.

It has been submitted on behalf of the petitioner that the statement of the victim girl has been recorded under Section 164 of the Code of Criminal Procedure, in which there is no allegation of kidnapping by the petitioner. The Medical Board has assessed the age of the girl to be 18 to 19 years and

Patna High Court Cr.Misc. No.45056 of 2017(2) dt.21-09-2017 2/2 there is no sign of any sexual assault on the victim. The petitioner has got no criminal antecedent and is in custody since, 17.07.2017.

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 A.C.J.M.-2, Purnea in connection with Barhara (Raghubansh Nagar) P.S. Case No. 159 of 2017.

(S. Kumar, J) ranjan/- U